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
procedure for the recovery of the possession of any immoveable property of a Wakf alienated by way of sale, gift, mortgage, or exchange or lease ... TRANSFER OF IMMOVEABLE PROPERTY OF WAKFS-Notwithstanding anything contained in the wakf deed, no transfer of any immoveable property of a wakf
properties. The Official Trustee having been failed to
take action to register the Wakf institution and its
properties with Board, as required under the Wakf ... were certain
proceedings initiated by the plaintiffs to prevent such
alienation of Wakf properties by the Official Trustee,
8
and Official Trustee was prevented from
Trust that the property bearing CTS
No.1039 was a Wakf property and since there was an
alienation made of this Wakf property after ... property is a Wakf property, this issue is
also examined.
17. The Trust produced the Gazette Notification
published under Section 5(2) of the Wakf
before the Karnataka Wakf
Tribunal, Bangalore Division, Bangalore under Section 83(2)
and (5) of the Wakf Act, 1995 . The Wakf Tribunal allowed the
application ... alienation of wakf property, and plain reading of the said
provision indicates that, the wakf property shall not be
alienated without sanction of the Board
trust property
registered as Sayed Idrus Dargah and the said property is
3
deemed to be Wakf property and respondents are trying to
alienate ... alienate the suit property in
order to deprive the right of the petitioner. If respondent
No.1 are alienating the suit property during the pendency
handed over the keys, the Mutuwalli may try to alienate
the property.
3
3. The Wakf ... possession of the property. The
Mutuwalli cannot alienate the property. He has only to manage
the wakf.
Ordered accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
empowers the Wakf Board to collect
information regarding any property if it has reason to believe
that a property is a wakf property ... they had no objection of
whatsoever nature to notify the properties as wakf
properties. If at all any objection had to be taken for survey
Wakf property
and lease could not have been created or executed by
the then Mutavalli without leave of the Wakf Board and
said alienation ... provision to
Section 36 (A) of the Wakf Act, 1954, namely that an
alienation of a Wakf property without sanction of the
Board is held
employees of Karnataka Wakf
Board, in collusion with accused no.3 intentionally
destroyed certain documents relating to property bearing
Sy. No.171/2A measuring ... guntas of
Chickaballapura. The said property was illegally alienated
to third party without prior sanction of the Wakf Board
which was in violation of Section