'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 FOR PUBLIC PURPOSE
This deed of wakf is made on the_______ day of_______ 20__ by _______ _______
Of _______ _______(hereinafter called the wakif).
Whereas the wakif is the owner and in possession of the properties described in the Schedule hereunder and is desirous of dedicating the said properties in the service of Allah and to be used for charitable purposes.
And whereas the wakif has no wife or children and the other properties belonging to him are sufficient for his maintenance during his lifetime.
Now this deed of wakf witnesses as follows:
1. That I, the wakf, hereby transfer, dedicate to Allah and declare as wakf all that property more particularly described in the schedule annexed hereto, the approximate value whereof is Rs. _____ lakhs.
2. That I shall be the first mutawalli of the wakf property with power to nominate the next mutawalli and/or acting mutawalli in my temporary absence from ______ on Haj Pilgrimage. If I die during such pilgrimage or do not return for three years, he shall continue to act as such mutawalli and shall be deemed to be the mutawalli with the like powers and subject to the like obligations and duties as myself. All acts done or deeds executed shall be valid and binding as if the same had been done, exercised, executed, taken or had by me or a duly appointed lifetime mutawalli. In case I return from the pilgrimage within three years I shall resume the office of the first mutawalli and such nominated mutawalli shall be deemed ipso facto to be removed.
3. Each mutawalli whether nominated by the preceding mutawalli or appointed in the manner prescribed in the succeeding clause shall exercise the similar powers and be subject to the same duties and obligations and enjoy the equivalent privileges as are applicable to me or any succeeding mutawalli.
4. In case of any vacancy arising in the office of the mutawalli which cannot be filled up by nomination as aforesaid, the principal Civil Court of original jurisdiction shall be entitled to appoint a fit person professing the Islam faith of Hanafi School, after hearing such objections as may be raised by any beneficiary or person professing the Islam faith of the said School.
5. The mutawalli shall manage the wakf property to the best of his ability and may for such purpose engage or employ managers, agents, contractors, accountants or other assistants as may be conductive to the carrying on of the objects of the wakf efficiently and economically. The mutawalli may delegate any of his functions to a committee of persons subject, however, to the retention of the supervisory control by the mutawalli whose decision in all matters affecting the wakf shall prevail.
6. The income of the wakf property after defraying the expenses of its upkeep, management, repair and renovation shall be utilised for, among others, the following objects:
(a) payment to poor and deserving Muslims to enable them to perform Haj pilgrimage;
(b) feeding of the poor Muslims;
7. supporting the blind, disabled and/or poor Muslims who are unable to earn their livelihood except by begging;
8. providing sanitary habitation for poor Muslim families living in bustees, shanties and footpath,
9. The mutawalli may accept donations, grants, presents, offerings and other moneys and properties for the purpose of carrying out the object of the wakf and convert any property into any other kind for more effectively carrying out the objects of the wakf, wherever necessary, with the consent of the Board of Wakf.
The Schedule
In witness whereof I have declared, dedicated and transferred the property
mentioned in Schedule as wakf property and I have accepted and assumed control
thereof as mutawalli thereof and I have executed these presents on the day,
month and year first above-written.
Witnesses:
Signature __________
(Name)
1.
2.
Signature ________
(Mutawalli)
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.