Document Fragment View
Fragment Information
Showing contexts for: hereditary trustee in Land Acquisition Officer vs Boricha Vajubhai Verabhai on 24 September, 2021Matching Fragments
9.3 It is stated that on 03.02.1975, the scheme for management of Bibima Waqf was framed by the Joint Charity Commissioner and as per the C/CRA/96/2021 ORDER DATED: 24/09/2021 said scheme, the appointment of the incoming Mutawalli/ Trustee was as follows, The number of the Trustees including the and minimum 3. The appointed Trustees under the scheme except for the hereditary Trustee should be good Muslims and having the interest in the Waqf.
If any of the appointed Trustees under
the scheme except for the hereditary
Trustee resigns, dies, remains out of
country for a period of more than 6
months without permission from the
Charity Commissioner; is convicted in an offence of moral turpitude; wants to resign as trustee; is declared insolvent; is unable to fulfill his responsibility as the Trustee in just and proper manner or is incapable of doing so; or is unwilling to do so then, in such cases, except for the hereditary trustee, new Trustees will be appointed as per column 7 and if such appointment C/CRA/96/2021 ORDER DATED: 24/09/2021 of the new trustee is not made within 3 months by the existing trustees unanimously; then in such cases after the expiry of 3 months, new Trustees will be appointed by the Charity Commissioner as per column 7 by passing an order in writing;
The incoming hereditary trustee under the scheme will be appointed from the family of Saiyed Jalaluddin Gulam Shah by the existing hereditary trustee by an instrument in writing or by Will during the lifetime of the existing hereditary trustee. If the existing hereditary trustee does not appoint the incoming hereditary trustee during his lifetime, then in such cases, the family of Saiyed Jalaluddin Gulam Shah will appoint a hereditary Trustee.
If the existing hereditary trustee does not appoint the incoming hereditary trustee during his lifetime and if the family of Saiyed Jalaluddin Gulam Shah also does not appoint the hereditary C/CRA/96/2021 ORDER DATED: 24/09/2021 trustee then in such cases the existing trustees may appoint any family member as hereditary trustee.