For example, waqf may be assigned to the satisfaction of specific needs such as medication for sick people who are unable to pay medication expenses and education of poor children. Duraiswami, one of the appellants, were rejected by the High Court. However it must be noted that the Indian Trusts Act is applicable also to Muslims. A testamentary waqf is like a will and therefore, it comes into existence i. Reliance in this regard was placed on the observations made in State of Punjab Vs. Issue 2699: If the trustee of Waqf acts dishonestly, and does not use its income for the special purposes, the Mujtahid should assign an honest person to act with the dishonest trustee in order to restrain him from acting dishonestly.
It was the findings of the first appellate court that the suits were filed within the limitation period as prescribed under Article 96 of the First Schedule to the Limitation Act, 1963 whereas the Trial Court had held that the suits were barred by limitation in view of Article 134B of the Limitation Act, 1908. So far as question No. Review of literature has identified governance as an influential factor in intellectual capital reporting in sustainability reports. But, until it is realised by the wife, the dower-debt is regarded as future- 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. From a careful consideration of the above aspect of the matter, in our view, the first appellate court was not justified in holding that the suits were filed within the period of limitation as prescribed under Article 96 of the Limitation Act, 1963. This study analyzed the articles selected by looking at several variables which including the year of publication, number of authors that contributes in the publish articles, the subject area of articles, the country that study Waqf research and the type of research method associated with the use of qualitative, quantitative and mixed method that used by the researcher.
By Usage — when a property has been in use for charitable or religious purpose for time immemorial, it is deemed to belong to Wakf. Let us now look at the other ground taken by the High Court to hold that Section 107 has a retrospective effect. Admittedly, in the present case, the suits were filed long after the death of the Muthavalli and the suit properties were transferred as far back as in 1927, therefore, the suits were barred under the Limitation Act, 1908. Section 51 of the Wakf act requires that any such sale of land should be done after the permission of the. The wakif also has the power to lay down the rules to appoint a mutawalli. But, this provision does not apply to a testamentary document i.
In 2002, the trust took permission from the charity commissioner to sell this land. He has to see that the intended beneficiaries are indeed getting the benefits. . It was further argued by the learned counsel for the respondents that the appeals had abated against V. He is entitled to remuneration as provided by the wakif. The Wakf Act, 1954 as finally enacted did not touch the question of limitation.
A mutawalli may appoint his successor when the instrument of waqf provides otherwise. He submitted that Section 6 of the General Clauses Act, 1897 cannot come to the aid of the appellants in the present case because a different intention is manifested in Sections 107 and 112 of the Wakf Act. Issue 2690: In the case of public Waqf like madressahs, mosques etc. Accordingly, the waqf was held valid. Based on this, feeble-minded person who squanders his wealth and is therefore debarred, cannot make a valid Waqf. Waqf board Wakf Act 1954 This paper would be substantiated by suitable case laws and legal aspects. Based on this, feeble-minded person who squanders his wealth cannot make a valid Waqf.
Feeling aggrieved, the appellants have filed the aforesaid four appeals against the common judgment and decree dated 19 th of November, 1999 of the High Court of Judicature at Madras and also against the order dated 24th of April, 2000 passed in C. Research Methodology - The methodology of this article is through descriptive research based on document analysis on previous articles and literatures on Waqf between 2006 until 2016. This cannot lead to the conclusion that the Act has been given a retrospective effect. However, if there is no longer a beneficiary, the benefits of waqf will be distributed to charitable purpose as agreed by the Shariah adviser of the waqf foundation. Waqf al-awaridh may also be used to finance maintenance of the utilities of a village or neighborhood. Mutawalli may be appointed subsequently. It shall revert to his heirs on the expiration of the term originally fixed.
Subsequently, the Bengal Waqf Act 1934 made some changes in the management structure of the waqf estates. Payment of money to Fakirs. However, it must be noted that there is an important exception to this rule also. The Privy Council declared waqf alal aulad invalid in 1894 in the famous case of Abul Fata Mohomed-versus-Russomoy. By wakf board — Under section 64 of Wakf Act 1995, the Wakf board can remove mutawalli from his office under the conditions mentioned therein. A Any person can provide such things you have just mentioned and other things by way of endowment.
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? The endowment fund or property cannot be bequeathed or sold, except in certain circumstances mentioned earlier in the Paper The person creating the endowment could appoint a trustee to carry out the affairs of the endowment trust according to the deed of waqf. Inalienable — Since Wakf property belongs to God, no human being can alienate it for himself or any other person. Performing the annual Fateha of the members of his family. The performance of Fatiha forms part of almost every religious ceremony of Muslims. But, if, he creates a Waqf for the poor and later on, he himself becomes poor, he can benefit from the accruals of that Waqf. The waqif must also possess the right to make the waqf. Having heard the learned counsel for the parties and after considering the judgments of the courts below including the materials on record and the statutory provisions, namely, provisions of Wakf Act, Limitation Act, 1908 and 1963, the moot question that needs to be decided in this appeal is whether Section 107 of the Wakf Act is retrospective in operation or whether it can have the effect of reviving barred claims.
The will also provided that after becoming waqf-properties no person can mortgage or sell these properties. The authorities relied upon by the learned counsel for the respondents in this regard in the case of Sree Bank Ltd. Similarly, where the waqf was constituted for such charitable objects which trustees should think proper and, for those purposes from which the settlor should obtain religious merits, it was held that the object was uncertain and the waqf was void. Last update: Aug 19, 2015. There will be no order as to costs. A lessee or a tenant has no right to make any waqf of the property under his possession because, he has no ownership.
Such a property is presumed to have been constituted in waqf by its immemorial user. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Testamentary Waqf: Where a waqf is created through a will, it is called a testamentary waqf. A movable property could not be dedicated independently unless its waqf was allowed by custom. The concept of venture philanthropy has been greatly discussed by various parties especially among the policy makers.