‘Waqf’ or ‘Mosque’ Words Alone Don’t Create Public Waqf: Madras High Court

The Madras High Court has held that mere use of the words “Waqf” or “Mosque” in a document does not automatically create a public waqf.

The Court emphasised that there must be a clear dedication or declaration of property for a public charitable or religious purpose.

In this case, the petitioner challenged the Tamil Nadu Waqf Board’s notification declaring his property as a public waqf, arguing it was a private family waqf.

The Court agreed, observing that without proper intention and legal dedication, such property cannot be treated as public waqf.

[M Sirajudeen Sayeed (died) & Ors. v. The Tamil Nadu Waqf Board & Anr.]