There is, however, no harm in selling it in certain circumstances, as mentioned in rules nos. Where a mutawalli is under an obligation to discharge any other duties imposed on him under the wakf and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the wakf may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks fit. And, if a person Waqfs something upon his minor children, and looks after it on their behalf with the intention that it will become their property, the Waqf is in order. As now, a multi-storied building has been raised on the Wakf-Masjid land. Where any inquiry under sub-section 3 is proposed, or commenced, against any mutawalli, the Board may, if it is of opinion that it is necessary so to do in the interest of the wakf, by an order suspend such mutawalli until the conclusion of the inquiry: Provided that no suspension for a period exceeding ten days shall be made except after giving the mutawalli a reasonable opportunity of being heard against the proposed action.
Competency of the Waqif: Who Can Create a Waqf? It is very similar to waqf khayri, though waqf al-sabil is usually used to establish and construct the public utility mosques, power plants, water supplies, graveyards, schools, etc. Is it possible to take necessary legal action against the Collector who being Cusodian of Wakf Property abused his powers against the inertest of the Wakf? Whenever any such inspection as referred to in sub-section 1 is made, the concerned mutawalli and all officers and other employees working under him and every person connected with the administration of the wakf shall extend to the person making such inspection, all such assistance and facilities as may be necessary and reasonably required by him to carry out such inspection, and shall also produce for inspection any movable property or documents relating to the wakf as may be called for by the person making the inspection and furnish to him such information relating to the wakf as may be required by him. Any mutawalli who is aggrieved by the assessment or revision made by the Chief Executive Officer, under sub-section 6 may prefer an appeal to the Board within thirty days from the date of the receipt of the assessment or revision of return and the Board may, after giving the appellant a reasonable opportunity of being heard, confirm, reverse or modify the assessment or revision or the return and the decision of the Board thereon shall be final. No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal: Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit. Where any mutawalli or committee of management has been removed by the Board in accordance with the provisions of this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office hereinafter in this section referred to as the removed mutawalli or committee shall hand over charge and deliver possession of the records, accounts and all properties of the wakf including cash to the successor mutawalli or the successor committee, within one month from the date specified in the order.
The wakf Boards shall be body corporate having perpetual succession and common seal with power to acquire and hold property. It should be noted that these courts proceeded on the assumption that alienation was necessary for carrying out the object of the wakf. Issue 2690: In the case of public Waqf like madressahs, mosques etc. As a result, under section 54 of the Act, the state government is now empowered to reclaim encroached wakf property and under section 52 a file criminal proceedings against people doing so. Mosque and provisions for Imamas to conduct worship. In the coming years, several more wakfs were created, as the flourished.
Scholars interpret this as the case where goods are no longer used in the manner intended by the founder. Extinction Awqaf are intended to be perpetual and last forever. A scheme framed under sub-section 1 may provide for the removal of the mutawalli of the wakf holding office as such immediately before the date on which the scheme comes into force: Provided that where any such scheme provides for the removal of any hereditary mutawalli, the scheme shall also provide for the appointment of the person next in hereditary succession of the mutawalli so removed, as one of the members of the committee appointed for the proper administration of the wakf. In the centuries that followed not merely the land but all type property, movable and immovable were made the subject matter of wakfs. In case more than fifteen percent of total number of wakf property is shia wakf or income thereof is more than fifteen percent the Act envisages about separate Shia Wakf Board. A widow cannot constitute any waqf of the property which she holds in lieu of her unpaid dower because she is not an absolute owner of that property.
In exercising its powers and functions under sub-section 1 , the Central Government may call for any periodic or other reports from any Board and may issue to the Board such directions as it may think fit and the Board shall comply with such directions. Amount of property: a person can dedicate entire property but in case of testamentary wakf more than one third of his property cannot be dedicated. We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information in this document. Celebrating the death anniversary of the settler and of the members of the family. It is observed in M Kazim vs A Asghar Ali that technically, it means a dedication of some specific property for a pious purpose or secession of pious purposes. Accordingly, it means the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognized by the Mussalman law as religious, pious or charitable. This becomes a private property hence there are no possibilities for that.
But for any such steps taken to safeguard the interest of the Waqf, or the interest of future generations, like repairing or hiring it for the benefit of the future generation, permission from the Mujtahid is necessary. He gave it away for the poor, the relatives, the slaves, the , the travelers and the guests. By wakf board — Under section 64 of Wakf Act 1995, the Wakf board can remove mutawalli from his office under the conditions mentioned therein. After the enactment Wakf Act 1954, the Union government directed to all the states governments to implement the Act for administering the wakf institutions like , , , Graveyards, Takhiyas, Iddgahs, , s and various religious and charitable institutions. Bar to challenge the validity of any notification, etc. The government is also determining the legality of sale of land by muthavalis caretakers of Wakf property , Sait said, adding he has conducted meetings with muthavalis in 12 districts to inform them about their role in safeguarding Wakf property.
Thus the purpose must be religious, pious, or charitable, the dedication of property must be permanent, and the usufruct must be utilized for the good of mankind. He is only a superintendent whose job is the see that the usufructs of the property are being utilized for valid purpose as desired by the wakif. If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final: Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of wakfs. The salaries and allowances of the Executive Officer and his staff shall be paid by the Board from the Wakf Fund and, if the wakf generates any additional income as a result of appointment of the Executive Officer, the Board may claim reimbursement of amounts spent on the salaries and allowances from the fund of the wakf concerned. The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the order made by the Chief Executive Officer under sub-section 3 or may remit, either in whole or in part, the amount specified in such order and may make such orders as to costs as it may think appropriate in the circumstances of the case. When a Wakf is constituted, it is presumed that a gift of some property has been made in favor of God.
Thus, there is no need for an administrator, and the beneficiaries themselves can take care of the waqf since they are regarded the virtual owners. He can get a right to sell or borrow money by taking permission from the court upon appropriate grounds or if there is an urgent necessity. It has been speculated that this development may have been influenced by the waqf institutions in the. And it will not be held against him who administers it if he consumes some of it's yield in an appropriate manner or feeds a friend who does not enrich himself by means of it. Where the Board is satisfied that any wakf land, which is a wakf property, offers a feasible potential for development as a shopping centre, market, housing flats and the like, it may serve upon the mutawalli of the concerned wakf a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice. Waqf al-awaridh may also be used to finance maintenance of the utilities of a village or neighborhood. A wakf by will cannot operate upon more than one-third of net assets, without the consent of the heirs.
Thus, he only has a limited control over the usufructs. Declaration of founding The declaration of founding is usually a written document, accompanied by a verbal declaration, though neither are required by most scholars. Notwithstanding anything contained in the foregoing sub-sections, the Board may, instead of superseding any committee under sub-section 2 , remove any member thereof if it is satisfied that such member has abused his position as such member or had knowingly acted in a manner prejudicial to the interests of the wakf, and every such order for the removal of any member shall be served upon him by registered post: Provided that no order for the removal of the member shall be made unless he has been given a reasonable opportunity of showing cause against the proposed action: Provided further that any member aggrieved by any order for his removal from the membership of the committee may, within a period of thirty days from the date of service of the order on him, prefer an appeal against such order to the Tribunal and the Tribunal may, after giving a reasonable opportunity to the appellant and the Board of being heard, confirm, modify or reverse the order made by the Board and the order made by the Tribunal in such appeal shall be final. A lease for longer duration may be granted if the Wakf deed specifically permits him to do so. Mutawalli entitled to pay certain costs from income of wakf property. Such an application can also be made by a wakf or his descendants or a beneficiary of a wakf.
Some jurists have argued that even gold and silver or other currency can be designated as waqf. Most scholars agree that once the waqf is founded, it can't be taken back. If the Wakf is void, then the mutawalli cannot exercise the power of selling the wakf-property conferred on him under the deed. Performing the annual Fateha of the members of his family. Alienation with the permission of the court: It is now well-settled that a mutawalli can alienate the Wakf properties with the prior sanction of the court.