Waqf Law | Charitable Dedication | Property Administration

Deed of Waqf for Public or Charitable Purpose

Updated specimen deed for creation and administration of a public or charitable waqf under the 1995 central waqf law as amended by the Waqf (Amendment) Act, 2025.

Current statutory name: the Act is now titled the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. The 2025 amendments took effect on 8 April 2025. For a new waqf created after that amendment, Section 36(1A) requires execution of a waqf deed.

What is a waqf?

A waqf is a permanent dedication of movable or immovable property for a purpose recognised by Muslim law as pious, religious or charitable. The waqif is the person creating the dedication, while the mutawalli is the person responsible for management and administration. A mutawalli manages the property; the office should not be described as ordinary beneficial ownership of the waqf assets.

A public or charitable waqf should be distinguished from waqf-alal-aulad, which involves family-benefit provisions. Section 3A(2), inserted in 2025, specifically provides that creation of a waqf-alal-aulad must not result in denial of inheritance rights of heirs, including women heirs, or other lawful claims.

Important 2025 requirements for a new waqf

Lawful ownershipSection 3A requires the person creating the waqf to be the lawful owner of the property and competent to transfer or dedicate it.
Waqf deed mandatorySection 36(1A) provides that, from commencement of the 2025 Amendment Act, no waqf shall be created without execution of a waqf deed.
RegistrationEvery waqf is required to be registered. The registration application is made through the statutory portal/database and must contain the prescribed particulars.
Mutawalli dutiesSection 50 requires compliance with lawful Board directions, furnishing returns/information, allowing inspection, discharging public dues and performing other statutory duties.
Supreme Court interim directions: in In Re: The Waqf (Amendment) Act, 2025 (1), 2025 INSC 1116, the Supreme Court refused to stay the 2025 Amendment Act as a whole, but stayed the portion of Section 3(r) requiring demonstration that the waqif has been professing Islam for at least five years until the prescribed State mechanism is framed. It also stayed specified parts of Section 3C dealing with treatment and alteration of records of alleged Government property, and protected possession/records pending adjudication as directed by the Court. This page should therefore be read subject to that interim order and any later final decision or rules.

Updated deed of waqf for public purpose

Replace every placeholder with verified facts. Property description, title documents, State registration/stamp requirements, waqf objects, succession to mutawalliship and applicable Board rules should be checked before execution.

DEED OF WAQF FOR PUBLIC / RELIGIOUS / CHARITABLE PURPOSE

This Deed of Waqf is executed on this ____ day of ____________, 20__ by ____________________________, son/daughter/spouse of ____________________________, aged about ____ years, residing at ____________________________________________, hereinafter referred to as the "Waqif".

Recitals

A. The Waqif is the lawful owner and is competent to dedicate the property more particularly described in the Schedule to this deed. The title is derived through sale deed/gift/inheritance/partition/other document dated ____________, registered/documented as ____________________________.

B. The Waqif intends permanently to dedicate the scheduled property for purposes recognised by Muslim law as religious, pious and/or charitable and for the public-benefit objects stated below.

C. The dedication is voluntary and is not intended to defeat any lawful title, inheritance right, creditor's right, Government title, statutory prohibition or subsisting third-party right.

NOW THIS DEED WITNESSES AS FOLLOWS:

1. Declaration and dedication. The Waqif hereby permanently dedicates and declares as waqf the property described in the Schedule, together with all lawful appurtenances, income and accretions attributable to it, for the objects specified in this deed.

2. Nature of waqf. The waqf shall be a public/religious/charitable waqf known as ________________ Waqf. Its principal place of administration shall be at ____________________________________________.

3. Objects. Subject to applicable law and the resources of the waqf, its income may be applied to one or more of the following objects:

(a) assistance to poor and deserving persons for Haj pilgrimage;
(b) feeding and relief of poor and needy persons;
(c) assistance to blind, disabled, elderly or indigent persons unable adequately to support themselves;
(d) support for safe and sanitary habitation, education, healthcare and other charitable relief for poor families;
(e) maintenance of lawful religious, pious or charitable activities consistent with the objects of this waqf; and
(f) any substantially similar lawful charitable object authorised under the deed and applicable waqf law.

4. First Mutawalli. The Waqif appoints self / name of person as the first Mutawalli, subject to the qualifications, disqualifications, duties and supervisory jurisdiction prescribed by law.

5. Successor Mutawalli. On death, resignation, incapacity, removal or other vacancy in the office, the successor Mutawalli shall be appointed in accordance with the following method: ____________________________________________________________, subject always to the governing Act, lawful directions/orders of the Waqf Board and competent Tribunal/court.

6. Temporary absence. During a temporary absence or incapacity of the Mutawalli, an acting Mutawalli may be designated in writing as ____________________________, subject to applicable statutory requirements and without defeating the powers of the Board or competent authority.

7. Management. The Mutawalli shall manage the waqf property prudently and solely for the waqf objects; maintain proper records and accounts; protect title and possession; collect lawful income; pay public dues; carry out necessary maintenance and repairs; and furnish returns, information and access to records as required by the Board and law.

8. Assistants and committee. Subject to law, the Mutawalli may engage employees, accountants, managers, contractors or a management committee reasonably required for administration. Delegation shall not relieve the Mutawalli of statutory responsibility or supervisory obligations.

9. Application of income. After meeting lawful expenses of administration, taxes/public dues, repairs, preservation and other permissible expenditure, net income shall be applied only toward the objects of the waqf and in accordance with the Act, rules, regulations and lawful directions of the Board.

10. Donations and grants. The Mutawalli may receive lawful donations, grants, offerings or additions for the objects of the waqf, subject to proper accounting and any statutory filing, approval or reporting requirements.

11. No unauthorised transfer. No waqf property shall be sold, gifted, exchanged, mortgaged, transferred, leased or otherwise dealt with except strictly in accordance with the Act. Section 51 governs alienation and treats specified unauthorised transactions as void; leases of immovable waqf property require prior sanction of the Board as prescribed by law.

12. Records and accounts. Separate and accurate books of account, asset records, title documents, beneficiary/object expenditure records, bank records and statutory returns shall be maintained in the name of the waqf.

13. Registration and portal filing. The Mutawalli shall apply for registration of the waqf and furnish the required particulars, deed and property information through the portal/database in accordance with Section 36 and applicable rules, directions and prescribed procedure.

14. Board supervision. Administration shall remain subject to the general superintendence and lawful directions of the competent Waqf Board under the Act. Nothing in this deed shall exclude or override a mandatory statutory power or duty.

15. Irrevocability. The dedication is intended to operate as a permanent waqf. No clause shall be construed as giving the Waqif or Mutawalli a personal beneficial ownership inconsistent with the lawful character of the waqf.

16. Savings. If any provision of this deed is inconsistent with a mandatory provision of the governing Act, rules, binding judicial order or lawful order of the competent authority, the mandatory legal provision shall prevail and the remaining provisions shall operate to the extent lawfully possible.

The Schedule of Waqf Property

Property type: land/building/movable asset/other
Survey/Khasra/Plot No.: ________________
Municipal/Revenue No.: ________________
Area/extent: ________________
Village/Town/District/State: ________________________________
North boundary: ________________
South boundary: ________________
East boundary: ________________
West boundary: ________________
Approximate value: Rs. ________________
Title document particulars: ____________________________________________

IN WITNESS WHEREOF, the Waqif has executed this Deed of Waqf on the date and place first stated above.

Place: ____________
Date: ____________

WAQIF
Signature: ________________

Witnesses

1. Name: ________________   Address: ________________________   Signature: ________

2. Name: ________________   Address: ________________________   Signature: ________

MUTAWALLI
Acceptance/Signature: ________________

Registration and administration checklist

  1. Verify the Waqif's title and lawful capacity to dedicate every scheduled property.
  2. Execute a written waqf deed for a new waqf created after commencement of the 2025 amendment.
  3. Describe the waqf property precisely, including boundaries, identifiers, title documents and present use/occupation.
  4. Define the charitable/religious objects clearly and avoid provisions inconsistent with mandatory law.
  5. Specify the first Mutawalli and a lawful mechanism for succession, while recognising the powers of the Waqf Board.
  6. Apply for statutory registration through the prescribed portal/database and comply with applicable State rules and Board directions.
  7. Keep accounts, records, title deeds, tax/public-dues records and statutory returns required under the Act.
  8. Before leasing, developing, transferring or otherwise dealing with waqf property, check Sections 51, 56 and applicable Waqf Properties Lease Rules.

Disputes and current judicial position

The 2025 amendments substantially changed Sections 6 and 7 and other provisions dealing with waqf-property disputes. Current statutory remedies include proceedings before the Waqf Tribunal, with appellate jurisdiction to the High Court in matters provided by the amended Act.

The Supreme Court's September 2025 interim judgment remains particularly important where a property is alleged to be Government property under Section 3C. The Court stayed the proviso to Section 3C(2) and subsections (3) and (4), and directed protection of possession and relevant records until title is finally determined by the Tribunal, subject to further orders of the High Court; third-party rights are restricted during the specified period.

Official legal resources

Waqf creation and registration can also involve State rules, stamp/registration requirements, revenue records and local Waqf Board procedures. The deed should be vetted against the current law and the latest binding orders before execution or registration.