enquiries regarding unauthorised alienations of Wakf properties, the Kerala Wakf Board exercising its powers under Section 22 of the Wakf Act 29 of 1954, hereby ... Wakf Act, 29 of 1954. He shall submit bis findings to the Board in the matter of unauthorised alienations of Wakf properties.
In conducting
amendment
by the Wakf (Amendment) Act, 2013. Section 51 of the Act deals with the
prohibition to alienate a wakf property without sanction ... Section 51 of the Act reads as follows:
"51. Alienation of Wakf property without
sanction of Board to be void.- (1)
Notwithstanding anything contained
amendment
by the Wakf (Amendment) Act, 2013. Section 51 of the Act deals with the
prohibition to alienate a wakf property without sanction ... Section 51 of the Act reads as follows:
"51. Alienation of Wakf property without
sanction of Board to be void.- (1)
Notwithstanding anything contained
Wakf Act, 1995 (Central Act 43 of
1995) (herein after referred to as 'the Wakf Act ')
dealing with alienation of wakf property ... Wakf Act provides for issuance of notice to
the Wakf Board before alienation of wakf properties. As
WP(C).No.26242
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 ... wakf properties, but for
the benefit of the wakf. In the instant case, the
executant had reserved to himself the power to
alienate the trust
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
limitation as per the provisions of Rule 136 of the Kerala Wakf
CRP (WAKF) No.6 of 2024
8
Rules, 2019. It is pointed ... same, it cannot be termed
to be a Wakf property, alleging alienation without the
permission of the Board.
18. For the reason aforementioned
Wakf Act,
1995 Act is Section 36A of 1954 Act. It reads as follows : -
"36A. Alienation of wakf property without
sanction of Board ... property which is a
Wakf property. It was also contended that there was no prohibition
for creating a lease in respect of a wakf property
Board as 3607/RA by pointing out that the alienation of the
Wakf property by way of exchange was without sanction of
the Board ... vide Act No.27, the property of the Wakf
cannot be alienated in any manner much less in exchange
would be a void document, however
