Committees of mosques, madrasas, dargahs, graveyards and Muslim charitable institutions in Mumbai often ask the same question: are we under the Waqf Board or the Charity Commissioner? The answer decides which law governs the institution, where its records are kept, and which authority must approve dealings with its property. It is not always obvious, and it is worth getting right.
Key facts
- Waqf property
- Waqf Act, 1995, administered by the Maharashtra State Board of Waqfs (in force in Maharashtra from 1 January 1996)
- Other public religious trusts
- Maharashtra Public Trusts Act, 1950, administered by the Charity Commissioner
- Key test
- Was the property dedicated as waqf under Muslim law, or is it held by a non-waqf trust?
- 2025 amendment
- The Waqf (Amendment) Act, 2025 (in force 8 April 2025) requires registration on the UMEED portal; check current deadlines
Two different laws
- The Waqf Act, 1995 governs waqf property: property permanently dedicated by a Muslim for a purpose recognised by Muslim law as pious, religious or charitable. In Maharashtra it has been in force throughout the State since 1 January 1996 and is administered by the Maharashtra State Board of Waqfs.
- The Maharashtra Public Trusts Act, 1950 governs public religious and charitable trusts, and is administered by the Charity Commissioner.
Before 1996, waqf institutions in most of Maharashtra were administered by the Charity Commissioner under the Bombay Public Trusts Act. That is why many older mosques and madrasas hold Charity Commissioner registration numbers, and why the question still arises today.
What decides which law applies
The key question is whether the property is a waqf, that is, dedicated in the way Muslim law recognises, or whether it is held by a trust that is not a waqf, for example a society or trust formed for general educational or charitable purposes which happens to be run by Muslims. The deed or instrument, the history of the property, how it has been used and recorded, and any earlier orders all bear on this. In some cases the status is genuinely disputed and is decided by the authorities or the Waqf Tribunal.
The 2025 amendment and the UMEED portal
The Waqf (Amendment) Act, 2025 was notified on 8 April 2025. Among other changes, it requires waqf properties, including waqf by user, to be registered on the central UMEED portal. The original six-month window ended in December 2025, and the Supreme Court indicated that institutions facing genuine difficulty should seek more time from the Waqf Tribunal. Deadlines and extensions have changed since, so check the current position before relying on any date.
Practical steps for a committee
- Collect the papers: the waqf deed or instrument of trust, any registration certificate (Charity Commissioner or Waqf Board), property records, and any earlier orders.
- Check where the institution is recorded: the Charity Commissioner’s register (search “Know Your Trust”) and the Maharashtra State Board of Waqfs records.
- Work out its status: waqf, public trust, or disputed. Take advice where the papers point both ways.
- Bring the records up to date with the right authority: registration, change of mutawalli or trustees, accounts.
- Before any sale, lease or redevelopment, confirm which authority’s permission is required. Acting on the wrong permission can leave the transaction open to challenge.
Frequently asked questions
Our mosque has a Charity Commissioner registration. Is it still a public trust?
Not necessarily. Many institutions registered before 1996 are waqfs and now fall under the Waqf Act. The status turns on the nature of the dedication, so the papers need to be looked at.
Can a madrasa run by a trust be outside the Waqf Act?
Yes, where the trust or society is not a waqf, for example an educational trust created for general purposes. Then the Maharashtra Public Trusts Act applies.
Who decides if the status is disputed?
Disputes about whether property is waqf property are decided under the Waqf Act, including by the Waqf Tribunal, depending on the question.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide gives general information as understood in October 2026. Waqf law and the UMEED portal requirements have changed recently and are the subject of litigation; it is not legal advice, and each institution’s status depends on its own papers.