Once in their use, however, the waqf becomes an institution in its own right. Thus, in a family- waqf the entire income of the waqf may be utilised for the benefit of the family. Explaining the nature of a family-waqf, the Supreme Court has observed that in a waqf-alal-aulad, the ultimate benefit is reserved to God but the property vests in the beneficiaries and the income from the property is used for the maintenance and support of the founder and his descendants. A wakf cannot be made by a guardian on behalf of the minor, such a wakf is void. During 2010-11, the Board spent Rs 3. Waqf board Wakf Act 1954 This paper would be substantiated by suitable case laws and legal aspects. In this project Conseqences of waqf will be dealt and the powers which a mutawali enjoys.
The Act is also stipulated to establish Wakf Boards in each state, if necessary, separate Wakf Board of Shia and Sunni Wakfs. Such assets are managed to produce income that will be used in constructing and reconstructing waqf properties. Thus, in the following instances a female is competent to be appointed as a mutawalli. But, where the functions are not purely religious, a female is not disqualified to be appointed as mutawalli. By Usage — when a property has been in use for charitable or religious purpose for time immemorial, it is deemed to belong to Wakf. Wakf Properties can be lease by Trustees for less than one year, but no Wakf property can be leased for more than 3 years. In such a case, the remuneration is not a fix sum.
Thus, the founder makes arrangements beforehand by appointing an administrator called nāẓir or mutawallī or ḳayyim and lays down the rules for appointing successive administrators. The fouader may specify the names of persons who are to act as mutawallis one after the other. Failure to Register the Institution Wakf Board may disqualify Trustees or Mutawalli or may cause dissolution of Managing Committee. They are considered Registered for the legal purpose, but such Institutions need to be registered afresh under section 36 of the Wakf Act, 1995 in order to get new Registration No. Instead, Islamic west African societies placed a much greater emphasis on non-permanent acts of charity. The Wakf Board is the main instrumentality for the management of Wakfs. He is not the owner or even a trustee of the property.
Is it necessary to Register Institutions under Wakf Act, 1995 if it is already Registered with Charity Commissioner? The Wakf Board has powers to remove the Mutawalli or Trustees or dissolve the Managing Committee if it is proved that such Mutawalli or Managing Committee has misused fund or powers. You were born somewhere around the territory of Sumatra approximately on 1350. The Wakf Institutions deal with the religious, social and economic life of Muslims. Finally these objects should not already be in the public domain. Does the Charity Commissioner has jurisdiction over Muslim Trusts? If the children would get into want and have nothing for themselves, they would beg for their livelihood and would become a liability for the society. Mutawalliship cannot be regarded as a property. The motive behind Wakf is always religious.
The first mosque built by ' is an example of this: the land was donated by , and the mosque's expenses were then paid by the. Under Section 4 of this Act, it is permissible for an Indian Muslim to postpone the gift to charity for the poor or other religious or charitable purpose until after the extinction of the family, children or all descendants. Notes: i The Mussalman Waqf Validating Act, 1913 contains the general law. There are cases where encroachments are removed within 6 months. Literally waqf means to stop, contain, or to preserve. Habs and similar terms are used mainly by jurists.
Mosque and provisions for Imamas to conduct worship. If so, along with the mutation records, you are the absolutely owner, the claim by wakf board can be set aside. A mutawalli has no right to appoint any official or servant against any express direction by the founder. Celebrating the death anniversary of the settler and of the members of the family. In case the family becomes extinct, the waqf becomes a public-waqf and property is vested in God. Celebrating the birth of Ali Murtaza 3.
In the absence of any such authority from the waqf-deed, the mutawalli will have to take prior permission of the court. Besides physical surveys carried out by the Board, historical accounts such as badshahnamas biographies of Mughal emperors are the main source of identifying and listing Waqfs. However, while making the appointment of a mutawalli, the court must take into account the following principles: a As far as possible, the court should not disregard the directions of the founder. But, where an existing mutawalli finds that there is no possibility of appointment of his successor by any of the above-mentioned methods and he is now already on his deathbed, then he himself can appoint his successor. Justice Shashvat kumar, who headed the Shashvat Committee has prepared a status report on Muslims in India in 2011 and the finding of this report were that Nationwide, wakf properties constitute a land bank worth Rs. In the above-mentioned cases, as the nature of the functions to be discharged are religious, the mutawalli must be a male and a Muslim.
He cannot be removed by the court merely on the basis of any application made before it. The state government in consultation with the Board can also appoint a chief executive officer and other employees for smooth functioning. The Board had earmarked Rs 6. Law Prior to Waqf Validating Act, 1913: Before 1913, the law relating to family-waqfs was very strict. But, the court has an absolute power to remove a mutawalli. Power of Sale and Mortgage: A mutawalli is not owner of the waqf-property. For example, the founder may stipulate that half the proceeds go to his family, while the other half go to the poor.
It is to be noted that a mutawalli ban be removed by the court only by maintaining a regular suit against him. The term waqf literally means detention. The founder can specify which persons are eligible for benefit such the founder's family, entire community, only the poor, travelers. Thus a wakf is created during the lifetime of the wakif and takes effect from that very time. Mahmood Hasan, the Supreme Court has held that use of the waqf-money for purchasing some property in the name of his wife would amount to breach of trust within the meaning of the Indian Trusts Act. For some reason, the founder resigned from the office of first mutawalliship and in his place appointed В as mutawalli. Removal of Mutawalli: Once a mutawalli has duly been appointed, he cannot be removed by the founder for misconduct etc.