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
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
suit property from Muntakhab holder and he is not
ready to give possession to Wakf Board even when it is
wakf property ... property. Under the provision the
Wakf Act, 1954 and the Wakf Act 1955 alienation of wakf
property is illegal and void ( Section 51 of Wakf
which shall mean that there should not be any
alienation or encumbrance of the Wakf properties and there shall be no
purchase of any property ... which shall mean that there should not be any
alienation or encumbrance of the Wakf properties and there shall be no
purchase of any property
fact that the property in question is a wakf
property, is not in dispute. Section 52A of the Wakf Act has
been incorporated through ... Wakf Act, whoever alienates or
purchases or takes possession of, in any manner
whatsoever, either permanently or temporarily, any movable
or immovable property being
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
Section 85 of the Wakf Act 1995, and has
returned the plaint to be presented before Wakf
Tribunal.
The property in question is a plot ... respondent defendant obtained
the decree from the Wakf Tribunal treating it to be the
Wakf Property.
The trial Court found that the dispute related
DISTRICT, PIN - 676 307.
BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ... family members have
alienated a property in favour of the 5th respondent, which
according to the petitioner is a Wakf property dedicated to
the forefathers
meaning of Article 26(a) of the Constitution.
12. In Khajamian Wakf Estates etc. v. State of Madras etc., AIR
1971 SC 161, the Constitution ... denomination can own, acquire properties and administer them
in accordance with law. In case they lose the property or alienate
the same, the right
