Waqf Board cannot override court orders to keep a property on the Section 22-A prohibited list: Andhra Pradesh HC

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Published 29 October 2026

Case: Not stated in source
Court: High Court of Andhra Pradesh
Bench: Not stated in source
Citation: Not stated in source
Statutes: Registration Act, 1908 — s.22-A
Stamp Act, 1899
Source: SCC Times

Bottom Line Up Front (BLUF)

The Andhra Pradesh High Court directed registration authorities to delete a property from the Section 22-A, Registration Act, 1908 prohibited list and register it. The Court held that the Waqf Board's claim was contrary to final court orders, which the Board cannot ignore.

Ratio Decidendi · Legal Principle Established

A Waqf Board cannot maintain a property on the prohibited list under Section 22-A of the Registration Act, 1908, if its claim to the property is contrary to a final decree passed by a competent court.

Practice & Procedural Impact for Advocates

Advocates should ensure that final court decrees regarding property ownership are brought to the attention of registration authorities and Waqf Boards to prevent properties from being incorrectly listed under Section 22-A. Litigants can seek directions from the High Court for deletion of properties from the prohibited list if a final decree establishes their title.

Key Legal Takeaways

1Court orders prevail over Waqf Board claims regarding property status.
2Section 22-A of the Registration Act, 1908, cannot be used to prohibit registration if a final decree exists.
3Registration authorities must comply with court directions to delete properties from the prohibited list.

The Legal Issue The core legal issue before the Andhra Pradesh High Court was whether the Waqf Board could maintain a property on the list of prohibited properties under Section 22-A of the Registration Act, 1908, despite a final decree from a competent court establishing a contrary position regarding the property's ownership or status. The registration authorities were refusing to register the property, citing its inclusion in the prohibited list due to the Waqf Board's claim.

Court's Reasoning The Andhra Pradesh High Court held that the Waqf Board's claim over the property was directly contrary to final orders passed by a competent court. The Court emphasized that the Waqf Board cannot ignore or override such final decrees. Consequently, the continued inclusion of the property in the prohibited list under Section 22-A of the Registration Act, 1908, based on the Waqf Board's claim, was deemed unsustainable. The Court found that once a final decree settles the status of a property, any conflicting claim by the Waqf Board cannot prevent its registration.

What Follows The Andhra Pradesh High Court directed the registration authorities to delete the subject property from the list of prohibited properties maintained under Section 22-A of the Registration Act, 1908. Furthermore, the authorities were instructed to proceed with the registration of the property in accordance with the provisions of the Registration Act and the Stamp Act, 1899, without further impediment based on the Waqf Board's claim.