State Wakf Board executed sale deeds in their favour on 29. Can Wakf Properties be sold, exchanged, or leased by Trustees? Friday prayers begin to be held on a regular basis. Where on admitted or indisputable facts only one conclusion is possible, the Court may not issue its writ to compel the observance of natural justice, not because it approves such nonobservance but because Courts do not issue futile writs. Now the board pretty much does what it wants. By the wakif As per Abu Yusuf, whose view is followed in India, even if the wakif has not reserved the right to remove the mutawalli in wakf deed, he can still remove the mutawalli.
A factory was built and land use altered. The inquiry commission probing irregularities in management of Wakf lands, which submitted its report to the state legislature during the budget session, had indicted officials and politicians for encroachments on these Muslim endowments and their illegal transfer, development and creation of third-party rights. We are not a law firm or a substitute for an attorney or law firm. Like other wakfs, wakf alal-aulad is governed by Muhammadan Law, which makes no distinction between the wakfs either in point of sanctity or the legal incidents that follow on their creation. Choosing Estate Assets to Sell Once it has been determined that estate property needs to be sold, the next step is to determine which asset to sell. When the Wakf board contested this, the Supreme Court ruled in its favour saying that the land was theirs and transferred it back to them. Details are given in old texts about wakf made by prophet.
The Madras and Nagpur High Courts have held that a non-Muslim can also create a valid waqf provided the object of waqf is not against the principles of Islam. Rules of natural justice are to be followed for doing substantial justice and not for completing a mere ritual of a hearing without the possibility of any change in the decision of the case on merits. This will be on grounds of a similar law which provides for restoring land sold by tribals to non-tribals. There is object behind making a wakf. However, if there was someone wanting to donate, say, his property or assets for a particular use during a specified time, he could tie it up inalienably. A No, suppose a person built a place for public worship, not necessarily looking like a traditional mosque building, intending it to be a mosque, then it shall be deemed thus.
He has to see that the intended beneficiaries are indeed getting the benefits. What are the documents required for Registration? A If the Quran copy is not used and will not be used in this centre, then it will be allowed to donate it to another Center which is in need of them. A No, the property or any other assets that were set aside for such a purpose would stay during the entire duration specified by the owner. This property was purchased in 1908 by one Shri Ram and two other persons Mohammad Ahmad and Sayaid Hussain hereafter referred to as the Muslim owners. Both can take six weeks o … r so, depending on how responsive the buyer is to the needs of the lender, the availability of an appraiser and so on.
Dedication must be absolute and unconditional. Q Could you expand on that? The Wakf Act, 1995 governs Wakf Institutions and includes the provisions relating to Wakf Properties, their protection management, prevention of illegal alienation removal of encroachment etc. Not once, but twice over. Wakf alal aulad can a wakf be created for one's family? The whole of the property, therefore, could not be sold. When someone owes you money and you obtain a court judgment you must arrange to record the lien immediately so that the property can't be sold without your lien being paid. Right to make waqf: A person having the capacity but no right cannot constitute a valid waqf. Performing the annual Fateha of the members of his family.
But that is some distance away and will happen only if public awareness about the scale of the problem is created. Q2 I have a Life Insurance. What are the legal consequences of a valid Wakf? How waqf can be created? In this manner, Wakf Board has been successful in protecting an important wakf property. Quasi public WakfSome times a third kind of wakf is also identified. Q Can the husband consecrate one third of the produce of his grove, for example, for the exclusive benefit of his wife during her lifetime, provided that the said portion reverts to his property after her death? This amount can be reduced by the Board in case of financial problem or necessities of Wakf.
According to the newly formed committee, the land admeasuring 3 acres and 13 gunthas was given by Nanasaheb Peshwa to Sufi saint Fakir Sadique Shah Wald Pirshah in 1750 for offering prayers and for a graveyard. State Wakf Board had sent proposals on 5. Parties shall hereinafter be referred to as they are arrayed in W. In some cases the person who performed work on the property my sue for the balance which may result in your having to sell the property to satisfy the lien. The government has given its in-principle sanction for the proposal and it will be set up soon.
If his intention was to use it only inside the Masjid or Islamic centre, then it will not be allowed to take it outside, but if the intention was to use it in the Masjid or the Islamic centre as well as any other place approved by the Masjid or the centre for the benefit of Mo'mineen, then it will be allowed to borrow it and use it for the benefit of Mo'mineen, but it must be returned safely to the Masjid or Islamic centre. Should he pass away, the property can revert to their ownership. However, there is reportedly gross corruption in the management of waqf property. A person who purchases real property at a sheriff's sale acquires an interest in the property immediately, however, their title may need to be perfected by a court decree. You need to consult with an attorney who specializes in real estate law in your jurisdiction.