Issue 2693: If a person creates a Waqf for himself, for example, if he Waqfs a shop for himself so that its income may be spent for the construction of his tomb after his death, the Waqf is not in order. But gradually all sorts of properties were made the subject matter of the wakfs. The waqf trust institutions funded the hospitals for various expenses, including the of doctors, , surgeons, , , and all other staff, the purchase of and ; hospital equipment such as beds, mattresses, bowls and ; and repairs to buildings. He is not the owner or even a trustee of the property. The mutawalli or any other person aggrieved by any order made by the Board may, within thirty days of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and the Tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit the amount so certified, either in whole or in part, and may also make such order as to costs as it may think appropriate in the circumstances of the case.
The Wakf Board is the main instrumentality for the management of Wakfs. Therefore, if a person spreads a mat in a mosque with an intention of Waqf, or constructs a building having an appearance of a mosque, with an intention of giving it away as a mosque, the Waqf will be established. It shall come into force in a State on such date1 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas within a State and for different provisions of this Act, and any reference in any provision to the commencement of this Act, shall, in relation to any State or area therein be construed as reference to the commencement of that provision in such State or area. By will — when a person leaves a will in which he dedicates his property after his death. Declaration of founding The declaration of founding is usually a written document, accompanied by a verbal declaration, though neither are required by most scholars. There is dispute over whether the founder himself can reserve exclusive rights to use waqf.
A person of unsound mind has no capacity to create any waqf because he or she is incapable of knowing the legal consequences of the transaction. 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. Examples of such assets include schools, utilities, etc. However, a mutawalli can be removed in the following situations — 1. Government has already set up one multi-member tribunal for south covering Bengaluru and Mysuru divisions and another multi-member tribunal north for and Kalaburagi divisions.
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. The Government of India being aware of this state of affairs passed the Wakf Act, 1923. Performance of ceremonies known as Kadam Sharif. The Wakf Tribunal which is supposed to look into such misuse of properties has been ineffective in this matter. Because of the above mentioned differences between waqf and a trust, the Indian Trust, Act, 1882, is not applicable to Muslim waqf sin so far as the nature and operation of waqfs is concerned. A wakf may be made in writing or may be oral.
Wakf is binding and enforceable by law, it has legal consequences which are dealt in this project. For example, if a person Waqfs a property for his children and after them for his grandchildren, and for every succeeding generation to benefit from it, the Waqf is in order. Details are given in old texts about wakf made by prophet. Since the properties vest in him, in those cases where they are not in his possession, he can sue for possession. About 40 per cent of Wakf properties in both Telangana and Andhra Pradesh are currently under encroachment and alienation, the Commission stressed. A person, who advances loan to a mutawalli for carrying out the purposes of the wakf, has no remedy against the Wakf properties.
The utilisation or investment of the amount realised by the sale or exchange mortgage of any property shall be made by the mutawalli subject to the approval of the Board, and where any amount has been raised by mortgage of any such property, the mutawalli or other person shall make repayment of the mortgage-debt and obtain a discharge of the mortgage-debt from the mortgage within such reasonable time as the Board may specify. Also, no one can inherit anything out of it. If the Wakf is void, then the mutawalli cannot exercise the power of selling the wakf-property conferred on him under the deed. Islamic texts There is no direct injunction of the Qur'an regarding Waqf, which is derived from a number of traditions of Muhammad. For example the founder may stipulate that half the proceeds go to his family, while the other half go to the poor. If, in the course of proceedings under the Land Acquisition Act, 1894 or under any law for the time being in force relating to the acquisition of land or other property, it appears to the Collector before an award is made that any property under acquisition is wakf property, a notice of such acquisition shall be served by Collector on the Board and further proceedings shall be stayed to enable the Board to appear and plead as a party to the proceeding at any time within three months from the date of the receipt of such notice.
Kult̲h̲ūm, and the mosque's expenses were then paid by the Bayt al-Māl. Thereafter, it was replaced by the Waqf Act, 1995. 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. 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. Other The waqf institutions weren't popular in all parts of the Muslim world. As the waqf would expire whenever its termination conditions are fulfilled e. The subject metter of wakf should be owned by wakif at the time when wakf is made.
For example, if a person builds a mosque and allows other to pray in it regularly, or if someone builds a graveyard and allows others to bury their dead, then these actions are regarded tantamount to founding a waqf. Where a mutawalli has been removed from his office under sub-section 1 , the Board may, by order, direct the mutawalli to deliver possession of the wakf property to the Board or any officer duly authorised in this behalf or to any person or committee appointed to act as the mutawalli of the wakf property. Therefore, if a Muslim wants to settle his properties in a trust he may do so under this Act instead of creating waqf under Muslim personal law. Delegation of powers by the Board. Now they want to sell this land to me. Notwithstanding anything contained in any other law for the time being in force, no suit, appeal or other legal proceeding for the enforcement of any right on behalf of any wakf which has not been registered in accordance with the provisions of this Act, shall be instituted or commenced or heard, tried or decided by any court after the commencement of this Act, or where any such suit, appeal or other legal proceeding had been instituted or commenced before such commencement, no such suit, appeal or other legal proceeding shall be continued, heard, tried or decided by any court after such commencement unless such wakf has been registered, in accordance with the provisions of this Act.