Who is the owner of waqf property?

Who is the owner of waqf property?

Wakf property can’t be sold. if a mutawalli wants to sell, mortgage or exchange the Wakf properties, he must obtain prior permission of the court. a waqf alal aulad is for the children of the person who forms a waqf and it cannot be sold.

Who Cannot be appointed as mutawalli of a wakf?

The mutawalli must be capable of performing the particular duties under the wakf. If religious duty or spiritual functions are a part of the duties of a mutawalli, a female and non-muslim cannot be appointed as a mutawalli. [Shahar Bano v. Aga Mahommad (1907) 34 I.A.

Can a waqf be revoked?

Once a waqf has lawfully been constituted, it cannot be revoked. In the creation of waqf it is implied that since the ownership of the property is presumed to vest immediately in God, the settlement is irrevocable.

What is private waqf?

Private Waqf- This type of Waqf is created for the settlor’s own family and his descendants and is also known as ‘Waqf-ulal-Aulad’. It is a kind of family settlement in the form of waqf.

Who appoints mutawalli?

Primarily, the right to appoint a mutawalli is given to the waqif himself. Failing him, mutawalli may be appointed by the executor of the waqif if the waqif has no executor, the existing mutawalli may appoint his successor provided he is on his deathbed.

Who can create waqf?

The second essential of a valid wakf is that it should be created by a person professing Muslim faith. By ‘person’, is meant, a person who has attained the age of majority under the Indian Majority Act, i.e., 18 years and who is of sound mind. Such a person is competent to dedicate the whole or part of his property.

Can a female be mutawalli?

“There is no general inhibition against a women acting as a mutawalli. The courts have held that where the mutawalli has to act also as sajjadanashin, mujawar, imam or khatib, no woman can hold the office since the special duties of these functionaries cannot be performed by a woman”.

Who can challenge a Hiba?

A stranger cannot challenge the validity of a gift on the ground that the gift is bad as no delivery of possession has been made. A gift on this ground can be challenged only when the issue is raised between the donor or those claiming under him on one side and the done and those claiming under him on the other.

What are the types of waqf?

Waqfs are of three types: waqf fi lillah or public waqf, waqf alal aulad or private waqf, and mixed waqf. A waqf created solely for the public purpose of religious or charitable nature is called waqf fi lillah.

Who has a power to remove mutawalli?

The court has power to remove a mutawalli A court may remove a mutawalli on the ground of misfeasance, breach of trust or for his unfitness, or for any valid reason.

How do you prove Hiba?

Fakhr Jahan Begam and Ors., (1922) 49 Indian Appeals 195 declared the following requirements for a valid hiba or gift under Muslim law – 1) expression on the part of the donor of desire to give; 2) acceptance of the donee, either implied or expressly; and 3) the taking of possession (either actual/physical or …

Can a person gift his entire property?

A Muslim is allowed to give away his whole property in his lifetime but he can only give one-third of his property through a will. Also, the religion of the person to whom the gift is made is irrelevant. The transfer of property through the way of gift is immediate and without consideration.

Can a waqf be created by a particular person?

The subject matter of waqf should be owned by the waqif at the same time when waqf is being constituted. Whether a waqf can be created by a particular person depends upon whether there exists a legal right for the dedicator to transfer the ownership of the property or not.

Can a waqf be sold without a court order?

Paragraph 1 of Article 40 of the AMAF Law states that the waqf shall be considered perpetually constrained from any kind of disposition whatsoever, whether it be sale, donation or mortgage, unless it is in the interest of preserving the waqf which stipulates otherwise, and any such disposition shall not be made without the court’s permission.

What is the definition of waqf under Muslim law?

Definition under Mussalman Waqf Validating Act, 1913- Section 2 of the Act defines waqf as, “the permanent dedication by a person professing the Mussalam faith of any property for any purpose recognised by Musalman Law as religious, pious or charitable.”

What are the essential conditions for a valid waqf?

The court further observed that even in the Family Waqf, (Waqf-al-al-Aulad), the property remains in the implied ownership of God. Thus, for constituting a lawful waqf, it is necessary that there should be a permanent settlement of a property for some religious or charitable purpose.