Alienation of waqf property without sanction of Board to be
void.-- (1) Notwithstanding anything contained in the waqf deed, any lease
of any immovable property ... section 51 read:
"51. Alienation of wakf property without sanction of Board to be
void.--(1) Notwithstanding anything contained in the wakf deed
setting up of Wakf Tribunals to consider questions and disputes pertaining to wakfs.
(g) There are instances of misuse of wakf properties either with ... incorporate in the Bill a provision so that the alienation of wakf properties will not be easy.
(h) At present, the Wakf
Mutwaili and she prayed that the property in suit might bo declared wakf and that certain alienations made by her stepson since her husband ... alienated and for the incidental: declaration that the property being wakf property could not be alienated and that where consequential relief was available
learned advocate for the appellants the alienation of debuttar, or wakf properties was by the mohunt, shebait or mutwalli as such; in the present case ... settled that a distinction exists so far as wrongful alienation of debuttar or wakf properties by way of lease and that
regarding a wakf or may itself cause the wakf to be
registered or may at any time amend the register of wakfs.
42. Change ... lawfully required to do
by or under this Act.
51. Alienation of wakf property without sanction of
Board to be void.--(1) Notwithstanding anything
contained
Wakf property and alienation of such property is void ab initio; and
(ii) No amount of breach of trust by way of alienation ... Wakf to do so. In this case, there is no deed of wakf or any permission of the Court sanctioning alienation. The alienation, even though
setting up of Wakf Tribunals to consider questions and disputes pertaining to wakfs.
(g) There are instances of misuse of wakf properties either with ... incorporate in the Bill a provision so that the alienation of wakf properties will not be easy.
(h) At present, the Wakf
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
Waqf Act, 1995. Section 51 is extracted:
"51. Alienation of wakf property without sanction of Board to be void.- (I) Notwithstanding anything contained
particular property is a Wakf, whether
it is Shia Wakf or Sunni Wakf. Section 32(22)(d) of the Act
enables the Wakf Board ... also enables the
Tribunal to entertain application concerning alienation of
Wakf property.
Civil Revision No. 48 of 2007
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12. From the perusal
