The Backward Classes, Most Backward Classes and Minorities Welfare Department has instructed the Inspector-General of Registration to not register documents alienating Waqf Board properties based on “No-Objection Certificates” issued by the staff of Tamil Nadu Waqf Board.
The department has said that only Chief Executive Officer of Tamil Nadu Waqf Board can issue such a certificate after following due procedure.
In a letter to M.P. Sivanarul, Inspector-General of Registration, sent on September 22, A. Karthik, Principal Secretary, Backward Classes, Most Backward Classes and Minorities Welfare Department, said: “Many of the Waqf properties are under encroachment and illegally alienated” in Tamil Nadu, which had 7,452 Waqf institutions and possessed 53,834 Waqf properties.
The letter said that it had been brought to the notice of the government that Waqf properties were being alienated based on the NoCs issued by the Waqf Inspector and Waqf Superintendent.
The letter said “the patta to such Waqf properties also stands in the name of third parties,” which became void ab inito as per Section 51 (1-A) read with Section 104-A of the Waqf Act, 1995 that prohibits “any sale, gift, exchange, mortgage or transfer of waqf property”.
Mr. Karthik underlined that if any question arises over whether a particular property is a Waqf property or not, the board is the deciding authority as per Section 40 of the Waqf Act, 1995.
Jawahirullah thanks CM
Manithaneya Makkal Katchi president M.H. Jawahirullah on Wednesday thanked Chief Minister M.K. Stalin for taking cognisance of the issue of Waqf board properties being lost due to the practice of NoC being handed out by Waqf Inspector and Waqf Superintendent.
“In a move that shows that the DMK has a deep interest in protecting Waqf properties, he has managed to plug the loophole that enabled Waqf properties to be sold. I thank him on behalf of Muslims of Tamil Nadu,” he said in a statement.
