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Yunus (postman)     25 December 2013

Inam jamin of trust (muslim dargah)

I belong to Mujawar facmily of muslim community. We got various acres of land from Dargah Turst.

By law we can not sale this land as this is called Inam Jamin.  Now please tell me if i need some big amount can i make a contract of 99 years lease.  

One of my friend his surname also Mujawar wanted to take 2 acres of land in his custody.

Please tell me what to do so that i can earn money and my friend can take the land in his custody.

Please advice

Aman



Learning

 8 Replies

Laxmi Kant Joshi (Advocate )     25 December 2013

yunus you are appointed as a mutawalli and you are performing a duty of mujawar to dargah , a mutawalli can give wakf property on lease but he has a limited rights over that , if it is an agriculture land then you can give only for 3 years lease , or if it is a residential property then only for1 year of lease , if you want to give lease for more years then 3 years then you have to take permission from the court .

Yunus (postman)     26 December 2013

Thank you for your comment.  But many people are making 99 years lease for Inam Jamin (agriculture land) without permission from court.  Is that all are illigal and i can not follow the same?

Laxmi Kant Joshi (Advocate )     27 December 2013

yes according to law it is illegal , on enquiry or on complaint one can be prosecuted for this act , and a recovery can be made .

Yunus (postman)     29 December 2013

Thank you Mr. Laxmikant Joshi for your guidance. 

Yunus (postman)     29 December 2013

Thank you Mr. Laxmikant Joshi for your guidance. 

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

Mr Joshi has given a proper advise on this issue.

Ibrahim Deshmukh (Legal Consultancy)     10 May 2014

If the Mutawalli wants to give an Agricultural land on lease for more than 1 year he must seek BOARD's permission and the Board in turn needs approval of 2/3rd members of the Board to give the permission for leasing agricultural land for a period exceeding 1 year and less than 3 years.

Any lease or sub-lease of Agricultural beyond 3 years is void and the lessee is considered as an ENCROACHER, who can be evicted by an application to board which in turn has to take up the matter with the concerned Collector of Revenue to take appropriate action against such an encroacher.

 

Ibrahim Deshmukh
Legal Consultant
ibdesh@gmail.com
www.law-india.com

AKBAR AMEER SHAIKH (Farmer)     13 August 2014

Hi this is query for advocate,

I belong to Inamdar family of muslim community. We have 10 acres agriculture land as Masjid Khidmad Inam.

Out of 10 acres of land, MIDC acquired 6 acres of land, for that 6 acres we are not got money from MIDC, So will we get money for that or not, or we will get land for that, what is provision in law for  Masjid Inam Agriculture land acquired by MIDC, Please advise, waiting for reply.  


Thanks and Regards,

Akbar Shaikh


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