Waqf-alal-Aulad Deed for Family Maintenance and Charitable Purpose

To all whom these presents may concern, I, ____________________________, son/daughter/spouse of ____________________________, aged about ____ years, residing at ____________________________________________, being governed by Sunni/Shia and relevant school, if necessary, hereinafter called the "Waqif", make this declaration voluntarily and of my own free will.

Recitals

A. I am the lawful owner and competent to dedicate the movable and/or immovable properties described in the Schedule below, the title to which is derived through sale/gift/inheritance/partition/other lawful source.

B. I desire permanently to dedicate the scheduled property by way of waqf-alal-aulad, providing lawful benefits for myself and/or members of my family and descendants while ensuring that the ultimate benefit is devoted to religious, pious and charitable purposes recognised by Muslim law.

C. This deed is not intended to deny or defeat the inheritance rights of any heir, including any woman heir, or any other lawful claim, and shall operate subject to Section 3A(2) and other mandatory provisions of the governing law.

NOW THIS DEED WITNESSES AS FOLLOWS:

1. Permanent dedication. I permanently dedicate and declare as waqf the property described in the Schedule, with all lawful appurtenances, rents, income and accretions, for the purposes stated in this deed.

2. Nature and name. The waqf shall be known as ________________ Waqf-alal-Aulad and shall be administered at ____________________________________________.

3. Family-benefit objects. Subject to law and availability of net income, the Mutawalli may apply income toward:

(a) reasonable maintenance and support of the Waqif during life, if lawfully reserved;
(b) lawful maintenance, education, healthcare and support of the beneficiaries identified in this deed;
(c) assistance to descendants and family members in genuine need; and
(d) such other family-benefit provisions as are valid under Muslim law and do not infringe Section 3A(2) or any other lawful claim.

4. Ultimate charitable objects. The ultimate and enduring benefit of the waqf shall be devoted to one or more of the following:

(a) distribution of alms and relief to poor and indigent persons;
(b) assistance to poor and meritorious students;
(c) food, healthcare, housing or other charitable relief for persons in need;
(d) observance of lawful religious or pious purposes specified as ____________________________;
(e) annual fateha or other lawful religious observances, where applicable; and
(f) other religious, pious or charitable objects recognised by Muslim law and permitted by the governing statute.

5. Payment of lawful liabilities. Any outstanding lawful liabilities directly chargeable against the dedicated property or required to perfect the dedication shall be dealt with only in a manner consistent with waqf law. This clause does not authorise diversion of waqf property for unrelated personal debts after completion of the waqf.

6. Beneficiary allocations. Subject to the Act and this deed, the following beneficiaries may receive reasonable amounts from net income: ____________________________________________________________. No provision shall be construed to extinguish or unlawfully prejudice inheritance rights or other lawful claims.

7. First Mutawalli. I appoint myself / ____________________________ as the first Mutawalli, subject to all statutory qualifications, disqualifications, duties and supervision.

8. Successor Mutawalli. On death, resignation, incapacity, removal or vacancy, the successor Mutawalli shall be selected as follows: ____________________________________________________________. Selection shall not be restricted in a manner contrary to mandatory law, and shall remain subject to the powers of the Waqf Board, Tribunal and competent court.

9. Duties of Mutawalli. The Mutawalli shall preserve and protect the waqf property, collect lawful income, maintain accounts and records, pay public dues, furnish statutory returns and information, permit inspection where required, and administer the property strictly for the objects of the waqf and in accordance with lawful directions of the Board.

10. Remuneration. The Mutawalli may receive remuneration only to the extent lawfully fixed or permitted under the Act, this deed and applicable Board orders. No fixed percentage shall override any statutory limit or order of the competent authority.

11. Employees and committee. Subject to law, the Mutawalli may engage managers, accountants, employees, contractors or a committee reasonably required for administration. Delegation shall not remove the Mutawalli's statutory responsibility.

12. No unauthorised alienation. No scheduled property shall be sold, gifted, exchanged, mortgaged, transferred, partitioned, leased or otherwise dealt with except strictly in accordance with Sections 51, 56 and other applicable provisions, rules and prior approvals. Any clause purporting to confer unrestricted power of sale or mortgage shall be inoperative to the extent inconsistent with mandatory law.

13. Investment and replacement assets. Any lawful compensation, acquisition proceeds or other sums permitted to remain part of the waqf estate shall be invested or applied only in accordance with the Act, applicable rules and lawful directions/orders of the competent Waqf Board or Tribunal.

14. Accounts and records. Separate books of account, bank records, title documents, income and expenditure records, beneficiary payments, public dues and statutory filings shall be maintained for the waqf.

15. Registration. The Mutawalli shall cause the waqf to be registered and shall furnish the deed, property particulars and all required information through the statutory portal/database within the period and manner prescribed by Section 36 and applicable rules.

16. Board supervision. The waqf shall remain subject to the general superintendence and lawful powers of the competent Waqf Board. Nothing in this deed shall exclude a mandatory statutory power of the Board, Tribunal, Collector or other competent authority.

17. Irrevocability and binding effect. The dedication is intended to be permanent and shall bind the Waqif and persons claiming through the Waqif, subject to the lawful rights protected by the governing statute.

18. Severability and statutory override. If any clause is inconsistent with the Act, rules, binding judicial order or lawful order of the competent authority, the mandatory legal provision shall prevail and the remaining clauses shall continue to operate to the extent lawfully possible.

Schedule of Waqf Property

Property type: land/building/movable asset/other
Survey/Khasra/Plot No.: ________________
Municipal/Revenue No.: ________________
Area/extent: ________________
Village/Town/District/State: ________________________________
North boundary: ________________
South boundary: ________________
East boundary: ________________
West boundary: ________________
Approximate value: Rs. ________________
Title document particulars: ____________________________________________

IN WITNESS WHEREOF, I have executed this Deed of Waqf on the day, month and year first above written.

Place: ____________
Date: ____________

WAQIF
Signature: ________________

Witnesses

1. Name: ________________   Address: ________________________   Signature: ________

2. Name: ________________   Address: ________________________   Signature: ________

MUTAWALLI
Acceptance/Signature: ________________