Scope of Jurisdiction under Sections 6 and 7 Confined to the List of Auqaf

The jurisdiction of the Waqf Tribunal to entertain and determine questions regarding whether a particular property is a waqf property or not, or whether a waqf is a Shia waqf or a Sunni waqf under Sections 6(1) and 7(1) of the Waqf Act, 1995, is strictly conditioned upon the property being specified in the statutory list of auqaf. A question regarding the waqf status of a property can be agitated before and decided by the Waqf Tribunal if and only if such property has been entered and specified as a waqf property in the list published following a survey under Chapter II or registered with the Board under Chapter V. Where a property is neither included in the gazette-published list of auqaf under Section 5(2) nor registered in the official Register of Auqaf maintained by the Board under Section 37, the jurisdictional pre-requisites under Sections 6(1) and 7(1) are not satisfied. Consequently, the Waqf Tribunal lacks statutory jurisdiction to determine the waqf character or entertain a suit for injunction simpliciter in respect of an unlisted and unregistered property, leaving such adjudication to the ordinary Civil Court. (Habib Alladin & Ors. v. Mohammed Ahmed | 2026 INSC 90)