Property transferred under Wakf Act can be given on lease to generate income to the Wakl. Deed of Wakf-alal-aulad is a type of deed where a person donates any kind of property for Muslim charitable purposes. The donated property/asset is held under the Charitable Trust. Mutawalli will be appointed to a Wakf to look after the properties.
Sample format of Deed of Lease for wakf Property is given below:
DEED OF LEASE OF WAKF PROPERTY
This deed of lease is made on this _____ day of _____ 20__ between Md. _____ of _____ representing _____ Wakf (hereinafter referred to as the LESSOR) of the one part
AND
_____ Limited, a company registered under the Companies Act 1956 and having its Registered Office at (hereinafter referred to as the lessee) of the other part.
Whereas by Deed of Wakf dated_____20__ Md. _____ dedicated his immovable property being _____ for pious and religious purposes mentioned in the said Deed.
And whereas the lessor has been appointed as the mutawalli under the said Wakf Deed and the lessor is acting as such mutawalli and is managing and administrating the said wakf property.
And whereas the lessor obtained permission from the Wakf Board for leasing out three rooms on the ground floor of _____ facing the Street to the lessee at a yearly rent of Rs. _____.
And whereas with the permission, sanction and approval of the Wakf Board the lessor entered into an Agreement to Lease dated _____ for granting lease of the said three rooms for a period of _____ years at a yearly rent of Rs. _____ payable in advance.
And whereas the lessee made enquiries and taken inspection of documents and has satisfied itself about the power and authority of the lessor to lease out the said three rooms to the lessee for the said period at the said rent.
And whereas the lessee hereby agrees that the lessoR has not and does not give any warranty as to his title or power or authority or the validity of these presents save and except that the Wakf Deed and the permission of the Wakf Board are valid and genuine documents.
And whereas the parties have agreed to execute the Deed of Lease as contemplated in the said Agreement to Lease dated _____20__.
Now these presents WITNESSETH and the parties hereby agree as follows:
1. In pursuance of the said Agreement to Lease and in consideration of the rent hereby reserved and on the terms and conditions, covenants and agreements herein contained and on the part of the lessee to be observed and performed the LESSOR doth hereby demise unto the lessee all that the said three rooms each measuring _____ sq. ft. situate on the ground floor of premises No _____ of _____ facing West having frontage on the _____ to hold the said premises unto the lessee for a term of 21 years commencing from _____ 20__5 but subject to earlier determination as mentioned hereinafter.
2. The lessee shall pay by way of lessee rent a sum of Rs. _____ per year payable in advance by _____ 20__ and thereafter within February each year.
3. The security deposit of Rs. _____ given by the lessee will be adjusted towards the lease rent of the last year.
4. The lessee shall pay all present and future municipal rates, taxes, duties and levies and other outgoings either statutory or otherwise payable to Municipalities or other authorities in respect of the said leasehold premises.
5. The lessee shall keep the leasehold premises in good and tenantable repairs but shall not carry out any additions or alterations to the said premises without the written permission of the LESSOR.
6. The lessee shall not use the said premises for any unlawful purpose or bring in the premises any inflammable or hazardous article or goods or store them.
7. The lessee agree to use the said premises only for the purposes of carrying on its business and in doing so undertakes not to create any nuisance or undue annoyance to the neighbours.
8. If the lessee makes any default in payment of any yearly lease rent and such default continues for more than three months or commits any breach of any of the terms herein then the lessor would have the liberty to terminate the lease and to re-enter the said premises.
9. The lessee shall not sub-lease or grant any leave or licence to any other person, firm or company or create any charge or mortgage over the said leasehold property without prior written consent of the LESSOR and the permission of the Wakf Board.
10. The lessee shall make arrangement for separate Meters for waters, electricity and gas at its own costs and any consent or permission, if required, in this respect will be given by the lessor.
11. The lessee agrees and on enquiry has satisfied itself that all necessary sanctions, permissions and No Objection Certificates have been obtained for the purpose of leasing out the said premises and execution of these presents.
12. The lessee agrees to bear and pay the requisite Stamp Duty and the Registration charges and other legal expenses in respect of the present Deed of Lease.
In witness whereof the parties have executed these presents on the day, month and year first above-written.
Signed and delivered by Md. _____ in the presence of
Signature ________________
Signed, sealed and delivered by Mr __________
pursuant to Board Resolution dated _____ of _____ Limited
in the presence of
Signature_______________
1.
2.
Section 3(i) "Mutawalli"
(i) "mutawalli" means any person appointed, either verbally or under any deed or
instrument by which a wakf has been created, or by a competent authority, to be
the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by
virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin,
amin or other person appointed by a mutawalli to perform the duties of a
mutawalli and save as otherwise provided in this Act, any person, committee or
corporation for the time being managing or administering any wakf or wakf
property: Provided that no member of a committee or corporation shall be deemed
to be a mutawalli unless such member is an office bearer of such committee or
corporation.
Section 6. Disputes regarding wakfs
(1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final:
Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of wakfs.
Explanation.-For the purposes of this section and section 7, the expression "any person interested therein", shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this Act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under section 4.
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any wakf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(4) The list of wakfs shall, unless it is modified in pursuance of a decision or the Tribunal under sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
Section 7 Power of Tribunal to determine disputes regarding wakfs
(1) If, after the commencement of this Act, any question arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in such list is a Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, or any person interested therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final: Provided that-
(a) in the case of the list of wakfs relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of wakfs; and
(b) in the case of the list of wakfs relating to any part of the State and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement: Provided further that where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re-open such question.
(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any wakf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding.
(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1).
(4) The list of wakfs and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final.
(5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be.