Document Fragment View
Fragment Information
Showing contexts for: Alienation of wakf property in Muthukana Ana Ramanadhan Chettiar vs Vada Levvai Marakayar And Ors. on 28 February, 1910Matching Fragments
2. In the deed itself the word "wakf" does not occur, but as the entire scheme of the disposition is to "tie up" the property in perpetuity by prohibiting alienation of it, it can only be upheld if at all as a wakf. The Mahomedan Law recognises another form of gift to charity called sadaqah, the only important distinction between it and wakf being that by sadaqah not only the beneficial interest but also the legal estate is passed to the particular charity to be held by the trustees appointed by the donor. In a wakf the legal estate or "ownership" is not vested in the Muttawalli or trustee but is so to speak transferred to God. The trustees or the beneficiaries of a wakf, therefore, are not authorised to alienate the wakf property unless especially authorised by the settlor or with the sanction of the Court in cases of necessity, and except in very especial circumstances the corpus of the dedicated property must be left intact and only the income can be devoted to the designated charitable purpose. On the other hand, when property is given by way of Sadaqah to some charitable object, the corpus itself or its equivalent, if the trustees find it proper or necessary to sell the property given in sadaqah and to convert it into some other form of property, and not merely the income is to be devoted to that object. The question, therefore, is whether a valid wakf has been created by Exhibit I.