Go to tribunal: Supreme Court declines to extend time for waqf registration, refuses to examine UMEED portal issues

The Supreme Court on Monday declined to extend the time period for registration of waqf properties under Waqf (Amendment) Act, 2025.

The Bench of Justice Dipankar Datta and Justice AG Masih observed that those who wish to register the properties under Section 3B of the Act can move the waqf tribunal for extension of time in accordance with the law.

It, thus, declined to issue a general of direction for extension of time.

"We have been shown 3B proviso. It is very clear. Go before the tribunal. If 6 months period is not sufficient, that point has been gone into by this Court," the bench said.

The Court also refused to examine the issues with respect to the UMEED portal (Unified Waqf Management, Empowerment, Efficiency, and Development) which was launched for online registration of waqf properties.

In September, a Bench of CJI Gavai and Justice AG Masih stayed certain provisions of the Waqf Act. However, it had also declined to stay many of the provisions under challenge in a batch of petitions challenging the legal amendments.

Notable, the Court had declined to stay the requirement for all waqfs to be registered under Section 3B, considering that such a registration requirement was there earlier as well. 

There was a deadline of six months for mandatory registration of all Waqf properties from the commencement of the amended law. UMEED portal was launched by the Union government for the purpose of registration of these properties.

The six-month deadline ends this week.

One of the petitioners, All India Majlis-e-Ittehadul Muslimeen (AIMIM) Chief and Lok Sabha member Asaduddin Owaisi had moved the Court seeking an extension of time for registration of waqfs. Other applicants also sought similar relief.

During the hearing of the plea today, Senior Advocate Abhishek Manu Singhvi, appearing for an applicant, submitted that there may not be real compliance because of time factor.

However, Solicitor General Tushar Mehta submitted that the registration was there since 1929. He said the applicants were in effect seeking amendment of Section 3B under which the time limit is statutorily fixed.

"There is a provision for extension," he added,

In response, Senior Advocate Kapil Sibal submitted that 10 lakh mutawallis will have to go the tribunal in case a general extension is not granted. The Court said the tribunal will decide on a case to case basis.

"The tribunal will decide on case to case basis. If it takes time, it is an advantage for you," it remarked.

Sibal then highlighted issues with the UMEED portal.

"People have been trying to upload everyday. They cannot upload. I will give a list of the glitches. Let it be gone through," the senior counsel said.

However, the Court declined to go into without proof.

"If the portal is functional which the solicitor says and you dispute, you have to give some proof. As far as the extension is concerned, you can always approach the tribunal and say this is the reason," it said.

Mehta said that people are already registering on the portal. When the Court asked how many have registered, Sibal said only 10 percent had done it. He added that the applicants were not running away from compliance but were facing "real issues".

"There are rural properties. There is no digitisation. Only the registration issue was dealt with by the court. Not digitisation," Sibal said.

Advocate Nizam Pasha, also appearing for applicants, said,

"It took 11 years for digitisation to happen."

Senior Advocate MR Shamshad said the details of registered properties are already with Waqf boards.

"Only registered properties can be uploaded on portal. The entire detail is with them. Not all Waqf properties have mutawallis. 6th of June they have launched the portal. If everybody has to go to the tribunal, it will be impossible," he added.

However, the Court was not convinced with the submissions.

"That’s a problem for the tribunal. As of now, we cannot do anything," it said.