Waqf land sale
Ismail
(Querist) 10 January 2015
This query is : Resolved
I wanted to know about Private Waqf land sale. We have a land belonging to our private wakf. This waqf only should be managed by our family as per waqf deed. We dont get any income out of the existing land and due to increased expenses to manage the mosque, we decided to sell this property.Therefore, I wanted to know
1) Do we need to seek State Wakf board approval before we sell the land
2) Is it fine to sell a property that does not generate any returns and buy something like a complex etc that will generate returns.
3) For such sales is there any supreme court judgement that references permission for Private wakf muthavalli to sell land. Will registration of such land be permitted?
Regards
Ismail
M.Sheik Mohammed Ali
(Expert) 11 January 2015
where r u from ?
i dont know which type of deed you have with wakf. but you should get permission from wakf then only you can sell the property or modify.
Dr J C Vashista
(Expert) 12 January 2015
Submit reply to the question raised by expert Mr. M S Mohd. Ali.
What is your connection with the property?
How it is related to wakf i.e., who is title holder whether individual or wakf?
Who are the trustees of wakf?
What are the convenants of wakf qua the property?
Why do the wakf want to dispose it of?
T. Kalaiselvan, Advocate
(Expert) 15 January 2015
A property of wakf whether private or otherwise comes under the control of wakf board. Therefore the wakf holding the property need to obtain permission in writing from the board after which the Muthavali will be authorised to sell the property (Though this is rule, often this is bye-passed).
