Beneficiaries of Wakf Property Can Acquire Title Through Adverse Possession, Rules Supreme Court

07 May 2024 8:19 AM

By: Admin

In a groundbreaking judgment, the Supreme Court of India has ruled that beneficiaries of wakf property can acquire title through adverse possession, even if the property belongs to the waqf. The judgment, delivered by Justices K.M. Joseph and Hrishikesh Roy, clarifies the legal position of beneficiaries and their rights in relation to wakf properties.

Justice K.M. Joseph stated, "A beneficiary of a waqf cannot be described as a stranger to the waqf... A beneficiary of a waqf is not like a trustee, who assumes possession in his character as a Trustee, coming under the restraint of discarding his character as Trustee and donning the robes of an encroacher or a person asserting hostile title."

The court further emphasized that a beneficiary of a waqf should not be considered a fiduciary and does not have a duty to protect the interest of another party. This ruling recognizes the distinct position of beneficiaries and upholds their right to claim adverse possession of wakf properties.

The judgment also addressed the issue of void transactions and the application of the Limitation Act. Justice Hrishikesh Roy noted, "A transfer which is void ab initio is in the eye of the law no transfer at all... The Act cannot revive an extinguished title as nothing stood in the way of running of time from the date of the second sale under the law as it stood."

The Supreme Court's decision sets a significant precedent, providing clarity on the rights of beneficiaries in relation to wakf properties. It establishes that beneficiaries can acquire title through adverse possession, ensuring their rightful claim over the property.

Date of Decision: April 13, 2023

SABIR ALI KHAN vs SYED MOHD. AHMAD ALI KHAN AND OTHERS