'Wakf' means transferring the ownership of the property in the name of GOD for religious or charitable purposes. 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. 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.
Sample format of Deed of wakf for Charitable Purpose is given below:
DEED OF WAKF
To all to whom these presents shall come I _______________ wife of _______________ a Mahomedan by faith and religion governed by sunni/ shia school of Mahomedan Law etc. send greeting whereas I am of my free will and own accord desirous of permanently dedicating my properties, movable and immovable, fully mentioned and described in the schedule hereunder written for purposes recognised by the Mahomedan Law as religious, pious and/or charitable NOW know ye and I hereby declare as follows:
1. I dedicate all the properties mentioned and described in the schedule hereunder written with all appurtenances and the rents, issues and profits thereof absolutely and permanently by way of wakf for the purposes as aforesaid with intent to extinguish all my rights and claim therein and vest the same in God and complete the same by delivery of possession to the mutawalli in the manner hereinafter mentioned.
2. The ultimate benefit under this wakf is reserved for purposes and objects recognised by the Hanafi or Sunni School of Mahomedan Law as religious, pious and/or charitable and indicated in the paragraph next succeeding.
3. The purposes and objects referred to in the last preceding paragraph are inter alia as follows:
(i) The payment or my just debts.
(ii) The maintenance and support of myself and my
(iii) The distribution of alms to poor and indigent persons on every Thursday in the week the amount or value of such weekly alms not to be less than Rupees _______________.
(iv) The observance of the tenth day of Mohurrum by distribution of milk and other food.
(v) The celebration of ceremonies known as Mound Shariff.
(vi) To help poor and meritorious students professing Islam faith and reading in any recognised institution.
(vii) The performance of the annual fateha of myself after my death and of my husband after his death and the members of _______________
(viii) Other religious, pious and/or charitable purposes as may be thought fit by the mutawalli from time to time or a court of law including pecuniary reliefs or assistance to indigent members of my family.
4. The moneys which may be realized by execution of the decrees in the suits mentioned in the said schedule hereto shall, after payment therefrom of my debts, be invested in landed properties and such landed properties shall form a part of the estate hereby made wakf estate.
5. Out of the income of the said wakf estate the said_______________ shall each receive a monthly sum of not more than Rs _______________ only for the benefit of themselves and their respective families and descendants. As regards the respective amounts to be spent for the other purposes aforesaid, the mutawalli or mutawallis for the time being shall have absolute discretion.
6. For the appointment of mutawalli, the following rules are laid down:
(i) I shall be the mutawalli for my life.
(ii) After my death Sri _______________ and _______________ son of _______________ shall be joint mutawallis and each of them shall be at liberty to appoint one of his or her lineal male descendants as his or her successor failing which each shall be succeeded by his or her eldest lineal male descendant. All the mutawallis for the time being and each of them shall have the power of appointing their, his or her successors or successor.
7. The mutawalli or mutawallis for the time being (jointly if there are more than one) shall, as and by way of remuneration, be entitled to receive jointly one-fourth part of the net income of the wakf estate and to retain all expenses of management including the costs of all necessary litigations.
8. Notwithstanding anything herein contained, no mutawalli will directly or indirectly grant or extend any benefit out of the wakf estate to my or any descendants of theirs.
9. In cases of necessity and for the benefit of the wakf estate, the mutawalli or mutawallis for the time being shall after obtaining sanction of the Wakf Board Constituted under the Wakf Act 1995 and in accordance with its directions, be at liberty, to sell, mortgage, transfer, alienate, partition and/or demise the wakf properties mentioned in the said schedule hereto or any part thereof and to invest the moneys thereby raised and in the event of such sale, mortgage, transfer, alienation, partition and/or lease the proceeds thereof as well as such investments shall form part of the wakf estate but no purchaser, mortgagee, transferee, alienee, co-sharer or lessee of the said properties shall be concerned to enquire whether the respective sales, mortgages, transfers, alienations, partition or leases are necessary for or beneficial to the wakf estate or to see to the application of the proceeds thereof.
10. The dedication hereby made will bind my heirs, executors and representatives.
11. The properties hereby dedicated are valued at Rs _______________.
The Schedule above referred to PartI Part II
In witness whereof the said MR has executed these presents on this______ day
of______ 20__ at _______.
Signed, sealed and delivered by _______________ in the presence of:
Witnesses:
Signature __________
(Name)
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.