Wakf
Board land and communicated the same to the Sub-Registrar. As per
Section 51 of Wakf Board Act, 1955, the alienation of Wakf property ... Section 36-A of the Wakf Act,1954, the
alienation of Wakf property without sanction of the Board is void.
Thus, there is total prohibition
subject property
belongs to the Wakf Board and the proforma issued by the Wakf Board would
clearly show that the property covered under Registration ... Registrar, Chinnamanur, is a declared wakf property and the wakf property
cannot be alienated without the consent of the Wakf Board. While so, by
misrepresenting
Report,
captioned 'Particulars of the Wakf or properties comprised in the Wakf with
title-deeds and documents relating thereto', he noted that ... property or
claim that such property is a Wakf property. To hold otherwise would introduce
uncertainty as to the status of a property which
Property Register of the Wakf. It is
submitted that the property belongs to the second respondent Wakf as per
the Wakf Register. It is therefore ... property belongs to a Wakf, it will always remain as a property of the
Wakf unless transferred by the Wakf.
9. The learned counsel
properties as Wakf properties after conducting a proper enquiry. In pursuance to the directions issued, the second respondent has registered the properties as Wakf properties ... been sought for declaration that the suit properties should be Wakf properties and 'B' Schedule properties should not be used by the defendant
Registration Act, 1908 to the effect that the Wakf properties should not be
alienated as it is opposed to public policy. It is based ... counsel for the petitioner submitted that the
prohibition imposed for alienation of the property lawfully purchased by the
petitioner is not proper. According
auction and
as such the property never belong to wakf. Even assuming that the said
property belong to wakf for any religious institution as held ... fourth respondent, though the property
belong to the wakf, according to the petitioner, the property alienated
from the above said transactions.
12. Considering the above
Registration Act, 1908 to the effect that the Wakf properties should not be
alienated as it is opposed to public policy. It is based ... counsel for the petitioner submitted that the
prohibition imposed for alienation of the property lawfully purchased by the
petitioner is not proper. According
property covered by the document
presented by the petitioner partakes the nature of a wakf property and
therefore, there can be no alienation thereof
defendants. It is further submitted that rent receipts
shows that Wakf property cannot be alienated. It is further
submitted that the plaintiff has not proved ... further submitted that the
gift deed is illegal as Wakf property cannot be executed without
permission of the District Judge.
MCA No. 16/2012 Page
