Who is the owner of waqf property?
Who is the owner of waqf property?
‘Wakf’ in Muslim Law means a permanent dedication by a Muslim of any property for any purpose recognised by Muslim Law as religious, pious and charitable. A wakf is created by mere declaration of endowment by the owner of the property, and upon such declaration the property immediately vests in God Almighty.
What is waqf tribunal?
Karnataka High Court has held that Waqf tribunal under Section 83 of Waqf Act, 1995 (as amended in 2013) is the sole authority that can adjudicate disputes such as eviction and determination of the rights of lessor and lessee pertaining to Waqf properties.
Can wakf claim any property?
Wakf Board Can Declare A Property As Wakf Only After Conducting Inquiry Under Section 40 Wakf Act: Supreme Court.
Who can be a mutawalli?
Under Muslim law, the general rule is that soundness of mind and majority are the only qualifications for being a competent mutawalli. Any person, whether male or female, Muslim or non-Muslim, may be appointed as a mutawalli. Minor Mutawalli: Generally a minor cannot be appointed as mutawalli.
Can waqf land be sold?
Waqf Board or persons/officers serving under the BOARD has no right to sale or transfer waqf property. Property once dedicated as waqf it always remains waqf.It always remains inalinable. it cannot be sold. The waqf board has only power to manage control and deal it according to the waqf deed .
What is waqf full form?
A waqf (Arabic: وَقْف; [ˈwɑqf]), also known as hubous (حُبوس) or mortmain property is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets.
What are Wakf properties?
The Wakf properties include Mosques, Dargahs, Idgahs, Kabristans (burial grounds), Ashoorkhanas, Orphanages, Makans, etc. The Sachar Committee in its report observed that Wakf properties in the country can generate annual income of Rs. 12,000 crore.
When can court 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.
Does mutawalli have hereditary rights?
In absence of any such provisions under a deed or instrument, office of mutawalli may become hereditary by custom or usage.
How many types of waqf are there?
three types
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.
Can a waqf property be leased?
(1) A lease of waqf property for any period exceeding one year and up to thirty years shall be registered at the office of Registrar or Sub-registrar under whose jurisdiction the property is situated. (2) The expenses towards registration of lease under sub-rule (1) shall be borne by the lessee.
Who is the head of Waqf Board?
The Council is headed by a Chairperson, who is the Union Minister in charge of Wakfs and there are maximum 20 other members, appointed by Government of India as stipulated in the Wakf Act.