Lease or gift?: Tribunal raises validity of Waqf deed in light of 1902 land transfer in Kerala's Munambam
By Deepu Mohan | First Published Dec 27, 2024, 7:59 PM ISTThe Waqf Tribunal has ordered an investigation into the true ownership of disputed land in Munambam, questioning the validity of the Waqf deed if the 1902 land transfer was a lease agreement.
Kozhikode: The Waqf Tribunal has directed the identification of the true owners of the disputed land in Munambam, questioning whether the King of Travancore had leased the land to the Seth family. The Tribunal observed that if the land transfer in 1902 was a lease agreement, the Waqf deed might not be valid.
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This pivotal observation comes amid the long-standing land dispute, which has moved from the North Paravur Sub Court to the High Court. For the first time, the legal system has called for the examination of over a century-old documents. Previously, courts had relied on land records from 1952, when the land was granted to the Waqf. However, the Tribunal is now questioning whether the Waqf registration holds if the land transfer from the King of Travancore to the Seth family was based on a lease.
The key issue in the case hinges on whether Abdul Sattar Seth’s ownership of the land in 1902 was temporary, under a lease, or permanent, as a gift deed. The court has called on various parties to present documents to prove this. Given the controversial nature of the Munambam issue, the Tribunal emphasized the need to examine all relevant documents to resolve the dispute.
The Seth family has argued in court that the land belongs to the Waqf and that they possess all necessary documents. Farook College, which is involved in the case, contends that the Seth family gifted the land. Farook College has also opposed the inclusion of the Waqf Protection Committee in the case, as the Committee does not claim direct ownership of the land.
The Tribunal Chairman mentioned that future hearings might take place in Kochi in addition to Kozhikode, where the Tribunal is headquartered. The next hearing is scheduled for January 25.
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