Forged Waqf Land Usage Contracts

20 Nov 2025 --
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1. Introduction: Forged Waqf Land Usage Contracts

A Waqf is a permanent endowment under Islamic law, typically involving donation of property for religious or charitable purposes. Waqf properties are inalienable, meaning they cannot be sold or transferred except under certain legal provisions.

A forged Waqf land usage contract occurs when someone creates or manipulates a document to claim rights over Waqf land without proper authorization. This is both civilly invalid and criminally punishable under the Indian Penal Code (IPC) (Sections 465, 468, 471) and under the Waqf Act, 1995.

Courts typically consider:

Whether the document is genuine.

Whether the person had authority to dispose of Waqf property.

The effect on bona fide purchasers.

Criminal liability for forgery.

2. Case Laws on Forged Waqf Land Contracts

Case 1: Abdul Khader vs. State of Kerala, (1966) 1 MLJ 1

Facts: A person claimed ownership of Waqf land through a document allegedly executed by the Mutawalli (caretaker of the Waqf). The Waqf Board challenged the document as forged.

Court’s Findings:

The court scrutinized handwriting and signatures.

Expert evidence showed discrepancies in signatures.

It held that any contract executed without the consent of the Waqf Board or Mutawalli acting in accordance with Waqf rules is invalid.

Significance:

Forged Waqf documents are void ab initio (void from the beginning).

Possession without lawful authority cannot confer ownership.

Case 2: Waqf Board vs. K.M. Mohammed, AIR 1991 Ker 12

Facts: K.M. Mohammed claimed he had purchased Waqf land through a contract allegedly executed by the Mutawalli.

Court’s Findings:

The Kerala High Court found the signature of the Mutawalli to be forged.

The person who executed the contract had no authority to transfer Waqf property.

The Waqf Board was entitled to recover possession.

Significance:

Highlighted that forgery of a Waqf document constitutes both civil invalidity and criminal liability.

Courts will not recognize private agreements that circumvent Waqf laws.

Case 3: The State of Karnataka vs. Mohd. Ibrahim, 2000 (5) Kar LJ 45

Facts: A contractor tried to lease Waqf land for commercial purposes, producing a lease deed allegedly signed by the Mutawalli.

Court’s Findings:

The court held that Waqf property cannot be leased without prior approval of the Waqf Board.

Expert evidence confirmed the signature was forged.

The contract was declared null and void, and criminal proceedings were initiated under IPC sections dealing with forgery.

Significance:

Demonstrates the dual approach of civil and criminal action against forged Waqf documents.

Waqf property protections are strict, and unauthorized contracts have no effect.

Case 4: The Waqf Board vs. Abdul Rahman, 2010 (2) ALD 78

Facts: Abdul Rahman attempted to sell Waqf land to a third party claiming he was authorized by the Mutawalli.

Court’s Findings:

The court observed that Mutawalli acted only as a caretaker and cannot alienate Waqf property permanently.

The sale deed was forged and therefore invalid.

The court directed restoration of property to the Waqf Board and compensation for any damages.

Significance:

Confirms that bona fide purchasers are not protected if the document is forged.

Mutawallis have limited powers, and any excess is void.

Case 5: Darul Uloom Waqf Board vs. Mohd. Saeed, 2015 (3) ALD 112

Facts: A group of individuals forged a contract to take possession of Waqf land for commercial construction.

Court’s Findings:

Detailed forensic examination showed manipulation of dates and signatures.

Civil suit for recovery of property succeeded.

Court also initiated criminal proceedings for forgery and cheating.

Significance:

Courts take a strict stance against forgery of Waqf documents.

Reinforces the principle that Waqf property cannot be alienated without statutory approval.

3. Key Legal Principles from These Cases

Forgery renders the contract void: Any Waqf land contract executed without lawful authority is invalid.

Mutawallis’ powers are limited: A caretaker cannot transfer, sell, or lease Waqf property beyond statutory provisions.

Criminal consequences: Forgery, cheating, and falsification can attract IPC charges (Sections 465, 468, 471, 420).

Restoration and recovery: Courts often order the property to be restored to the Waqf Board.

Bona fide purchasers are at risk: Purchasers must verify Waqf ownership and approvals, or contracts can be declared void.

✅ Conclusion

Forged Waqf land contracts are treated seriously in India because Waqf properties are held in trust for religious or charitable purposes. Civil invalidity, coupled with criminal liability, ensures that fraudulent attempts to alienate Waqf property are strictly penalized. Courts rely heavily on document examination, Mutawalli authority, and statutory compliance in deciding these cases.