Meeran alone. The Wakf Deed also provided that the said properties, which have
been dedicated to the wakf shall not be alienated by any means ... properties belonging to Mohd. Meeran Wakf, the Wakf Board, while
took action against Nazrudeen for alienating the property, though as per the Wakf
Deed, Nazrudeen
Hazrat vs State
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt
SCA/12350/2011 46
KERALA STATE WAKF BOARD.
EXHIBIT P5. TRUE COPIES OF THE RETURN/STATEMENT OF ACCOUNTS
APPROVED BY THE WAKF BOARD FOR THE YEARS ... Court, Tirur under Section 52A of the Wakf Act,
1995 for misappropriating, alienating and transferring the
properties of Moonakkal Jama-ath Palli Committee Wakf
property, the alienation or
transfer of which is prohibited under any statute of the State or Central
Government;
(b) documents relating to transfer of property ... stipulated time has not
expired.
(I) In cases of alienation of properties which are claimed to belong to
Religious and Charitable Endowments falling under
stipulated time has not expired.
(I) In cases of alienation of properties which are claimed to
belong to Religious and Charitable Endowments falling
under ... refused. Even if
evidence is available to show that the properties sought to
be alienated belong to the Institutions referred to above,
the Registering officers
properties
as long as he was alive. On his death, one Jb. M.S.A.Muhammad Jaffer came
to be the administrator of the property ... obtained that the
properties are the family properties of Jb. K.Magdoom Muhammad
Marakayar and that they could be sold and alienated. I have
Wakf property is void and ab-initio and the Section-52 A
of the Wakf Act stipulates that whoever purchases or
takes possession of Wakf ... sanction of the Wakf Board shall be punishable
with rigorous imprisonment and the section also
stipulates that the Waqf property so alienated shall
without prejudice
aforesaid three
properties. Moreover, the order states “to release the remaining properties
of the Khaja Mian Wakf Estate from the Wakf character for the absolute ... property
from wakf character, then the interpretation stated by the petitioner that
the enjoyment is only a limited enjoyment and the property cannot be
alienated
trust, which may
be a wakf property and therefore, the prior sanction from
the Wakf Board for its alienation, as per Rule
alienate the leasehold right to a
third party. It has been so-held in the case of Balu Pillai (supra).
21. In Haryana Wakf Board ... supra), the lands were acquired
under the Land Acquisition Act, 1894 . The property was owned by the Wakf
Board. A person claimed that
