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manoj   13 December 2021

Wakf al aulad

kindly inform me defination of wakf & wakf al aulad , caN MUTAWALI sell or exchange the property of wakf al aulad, after sell can wakf board take back property from buyer?


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 4 Replies

Aryan Raj   13 December 2021

In response to your query,

The legal definition of wakf means "Dedicating a property for pious purpose".

"Wakf al aulad" means donation of any kind of property for Muslim charitable purposes. 

No the Mutwali cannot sell or exchange the property of wakf al aulad.

Well if the property cannot be sold in the first place therefore the sale becomes void and the wakf board can claim the property as it cannot be under any individual's ownership other than God himself.

Regards,

Aryan Raj

manoj   13 December 2021

thanks a lot sir 

 

P. Venu (Advocate)     16 December 2021

In the absence of facts or the contexts, the query is more of a question paper than a real issue!

manoj   18 December 2021

JULY 1947 A REGISTERED WAKFNAMA MADE - WAKF-ALAL-AULAD, THE MUTAWALIS SELL THE PROPERTY IN 1964 TO A PARTNERSHIP FIRM - THE PARTNERSHIP FIRM GET HIS NAME IN 7\12 AND IN PROPERTY CARD IN SAME YEAR 1964, BUT THERE IS NO ANY PERMISSION FROM COURT OR WAKF BOARD. MY QUERY IS IN THIS SITUATION SALE DEED VALID? OR CAN CANCEL?, CAN WAKF BOARD ACQUIRE THE LAND IN CURRENT DATE . WHAT WILL HAPPEN TO THE CURRENT  MEMBERS WHO OCCUPIED THE PROPERTY  AS A TENANT OR AS ON OWNERSHIP BASIS. 


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