A screenshot of a cropped news article by Live Law, a legal news portal, is being shared with a false claim that the Supreme Court in a recent order said that all properties owned by the Waqf Board are illegal.
BOOM found that the claim in the viral graphic is false, with no mention of the Waqf Board or any such property in the original article.
The powers and functions of the Waqf Board are currently under scrutiny, with the Bharatiya Janata Party demanding changes by the way of an Amendment Bill introduced in August 2024. The amendments, proposes to bring in change via accountability and transparency in the Board's workings but has received criticism from Muslim religious bodies who see it as infringing of religious freedoms.
In India, those following Islam can donate property towards religious and charitable purposes, which then get termed as 'Waqf'. The ownership of this property is deemed to be with God, with no reversal. The Waqf board, with one in each state, administers Waqf properties including their recovery and transfer.
Currently being examined by a Joint Parliamentary Committee, the bill if passed will also open the Waqf Board doors to women members.
The viral screenshot has the feature image of the Live Law story and the headline, "Until sale deed is registered. Ownership of immovable property isn't transferred : Supreme Court."
The screenshot is being shared with a claim in Hindi that translates to, "Ownership of immovable property does not get transferred unless sale is registered: Supreme Court | Historic judgement of Supreme Court today with this one sentence. The entire property illegally claimed by Waqf Board and others has been invalid now."
(Original text in Hindi - जब तक बिक्री पंजीकृत नहीं हो जाता, अचल संपत्ति का स्वामित्व हस्तांतरित नहीं होता: सुप्रीम कोर्ट मास्टर स्ट्रोक | इस एक वाक्य के साथ आज सुप्रीम कोर्ट का ऐतिहासिक फैसला. वक्फ बोर्ड और अन्य अवैध रूप से दावा की गयी पूरी संपत्ति अब अमान्य हो गयी है )
The same claim text is also visible on the viral graphic.
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Fact Check
BOOM found that the claim is false with no mention of the Waqf Board or any Waqf property in the full story as published on Live Law. The judgement mentioned in the story also does not pertain to the Waqf Board or its properties.
The original story, published on January 8, 2025 on their website, is about an order by the SC in a case between a Sanjay Sharma and Kotak Mahindra Bank. Live Law reported that the case involved a publicly auctioned property and said, "The Supreme Court has reiterated that the ownership of an immovable property does not get transferred until the sale deed is registered. Mere transfer of possession and payment of consideration will not transfer ownership, unless the sale deed is registered."
We read through the story and found that it does not mention of the Waqf Board.
A screenshot of the Live Law story can be seen below :
BOOM also contacted one of the lawyers in the case, RC Kaushik, who said that it did not involve the Waqf Board or any property owned by it. "It is a normal commercial dispute involving the SARFAESI Act and auction of land between private parties," Kaushik said. "There is no link with Waqf."
We also spoke to senior advocate Shikhil Suri who explained that the laws mentioned in the SC judgement and those that govern the Waqf Board are completely different with no link to another.
Judgement has no connection to the claim
BOOM also read through a copy of the judgement as uploaded on the Supreme Court's website and found that the order was passed by the apex court on December 10, 2024.
The 17-page judgement does not mention the Waqf Board or a Waqf property in the case details or the final order passed by the SC. The judgement also does not mention the phrase "null and void" as mentioned in the claim.
We also confirmed that the case revolves around the SARFAESI Act, which helps banks and other financial institutions recover bad loans by giving the lender authority to enforce security without going to court.
