Section 12 in The M.P. Wakf Rules, 2000
12. Alienation of Wakf Property.
(1) Board shall take final decision of Alienation of Wakf property
owner of the
property. The rent receipts show that the property belongs to wakf
and it can not be alienated. The defendant never admitted ... embargo that where the alienation of wakf
property is without sanction of the wakf board, the alienation of
property is a void. In the present
income and they will not be entitled to alienate the properties nor will the properties be liable for their debts. Such is the tenor ... trustees or the beneficiaries of a wakf, therefore, are not authorised to alienate the wakf property unless especially authorised by the settlor or with
holding that the said building was wakf property, that its alienation was invalid and that it should he recorded and entered as wakf property ... wakf property and the alienation by Mutawalli Ashanali Khan was void in law as he had no right to mortgage or alienate the property
Tribunal Section 54 deals with removal of encroachment from the Wakf property. Any person aggrieved by the order passed by the Chief Executive Officer could ... also enables the Tribunal to entertain application concerning alienation of Wakf property.
9. The above mentioned and other provisions would indicate that considerable powers have
properties forming the nucleus of the
wakf. Once a wakf is created, the title of the wakif in the
dedicated property is extinguished and vests ... wakif is entitled to reserve power to alienate any portion of
the wakf properties, but for the benefit of the wakif. In the
instant case
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benefit of the Wakf. For the tenant to contend that since the Wakf
property vests in God Almighty, a Mutawalli cannot ... Wakf property is both preposterous and
untenable. Although it is true that the beneficiaries of the Wakf
cannot claim any title in the Wakf property
provisions of the Bengal Wakf Act, 1934, by virtue of the definition of "wakf' and "wakfs-al-al-aulad" in Sections ... private wakfs from their purview.
16. Mr. Munshi submitted that the learned single Judge had misapplied the concept of non-alienability of wakf property
then was) the question of validity of an alienation of wakf property without permission of the Court came up for consideration and it was held ... validity of an alienation made by a Mutwalli in violation of the provisions of Section 36-A of the Wakf Act and came to hold
appellant was maintainable. Section 36-B of the Wakf Act was duly incorporated in the Wakf Act in 1964. There is no provision ... getting the possession. The right to recover the property, either trespassed or unauthorisedly alienated, is a common-law right. That right is not conferred