Not every Muslim religious institution is waqf property: Madras High Court

June 10, 2026

New Delhi: In a significant decision, the Madras High Court has stated that the mere presence of a Dargah or other Muslim religious institution on a property does not make it Waqf property. The court quashed the Tamil Nadu Waqf Board’s resolution declaring a 240-year-old Dargah in the Triplicane area of ​​Chennai as Waqf property.

The Waqf Board must first establish its legal status

Justice K. Govindarajan Thilakavadi stated that before claiming ownership of a property or taking control of it, the Waqf Board must prove that the property is indeed Waqf under the Waqf Act. The Board cannot expand its jurisdiction without establishing legal grounds.

The mere existence of a Dargah is not a basis for ownership

The court clarified that the mere existence of a Dargah on a piece of land does not confer rights on the Waqf Board. The Board must prove that the property in question falls under the Waqf category under the law and that it has legitimate rights over it.

Dispute over 240-year-old Triplicane Dargah

This case involved a 240-year-old historic shrine located in the Triplicane area of ​​Chennai. The Tamil Nadu Waqf Board had passed a resolution declaring the shrine a Waqf property, which was challenged in court.

The decision could have far-reaching implications

The High Court, while rejecting the Waqf Board’s resolution, stated that before declaring any religious site a Waqf property, it is necessary to clearly establish its legal status. It is believed that this decision could impact other cases involving Waqf properties in the future.