Section 6 of The Waqf Act, 1995
6. Disputes regarding 1[auqaf].--- (1) If any question arises whether a particular property specified as 2[waqf] property in the list of 1[auqaf] is 2[waqf] property or not or whether a 2[waqf] specified in such list is a Shia 2[waqf] or Sunni 2[waqf] 3[or Aghakhani waqf or Bohra waqf], the Board or the mutawalli of the 2[waqf] or 4[any person aggrieved] may institute a suit in a Tribunal for the decision of the question 5****: Provided that no such suit shall be entertained by the Tribunal after the expiry of 6[two years] from the date of the publication of the list of 1[auqaf]: 7[Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he has sufficient cause for not making the application within such period.] 8* * * * *
- (2)Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any 2[waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
- (3)The 9[Collector] shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
- (4)The list of 1[auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under sub-section (1), be final and conclusive.
- (5)On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
Summary
- This section provides a way to settle legal disagreements about whether a property listed in the official waqf list is actually waqf property or not.
- It allows the Board, a manager of a waqf, or any person who feels wronged by the list to file a lawsuit in a Tribunal to decide the matter.
- There is a time limit for filing these suits, which is generally two years from the date the list was published in the official government record.
- If someone misses the deadline, the Tribunal can still listen to the case if the person shows a very good reason for being late.
- The list of properties is considered final and legally binding unless a Tribunal orders a change.
- Once this law starts in a state, regular civil courts are not allowed to take on new cases regarding these specific property questions.
Practical examples
FAQ
1. Who can file a suit regarding the property list under Section 6 of the Waqf Act?
According to Section 6 of the Waqf Act, 1995, a suit can be filed by the Waqf Board, the mutawalli (the manager of the property), or any person who is aggrieved or feels wronged by the information in the list.
2. How long do I have to challenge the list under Section 6 of the Waqf Act, 1995?
You generally have two years from the date the list of auqaf is published to file a suit. Section 6 of the Waqf Act allows for later applications only if you can satisfy the Tribunal that you had a sufficient cause for the delay.
3. Can a regular civil court handle these disputes under Section 6 of the Waqf Act?
No, Section 6 of the Waqf Act, 1995, explicitly bars regular civil courts from starting new legal proceedings on these questions once the Act is in force in that state. All such disputes must go to the specialized Tribunal.
4. Is the Collector involved in these lawsuits under Section 6 of the Waqf Act?
No, Section 6 of the Waqf Act, 1995, states that the Collector cannot be made a party to any suit filed under this specific section.
Test yourself
Q1.Under Section 6 of the Waqf Act, 1995, who is NOT listed as an entity that can institute a suit in a Tribunal regarding the property list?
Q2.What is the primary time limit to file a suit in the Tribunal under Section 6 of the Waqf Act, 1995?
Q3.According to Section 6 of the Waqf Act, 1995, what happens to the official list if no suit is filed?
Q4.Under Section 6 of the Waqf Act, 1995, can a suit be filed if a person has "sufficient cause" for missing the two year deadline?