wakf properties. Further, both the Counsel brought to the notice of this Court that the immovable properties of the Wakf Board can be alienated ... provision makes it clear that Wakf Board is the sole authority which can accord permission to alienate the wakf properties
averted.
23. Alienation of wakf property has stipulated in the Section 36A of the Wakf Act, 1954. Under the Wakf Act, 1954 , the Board ... activities of all wakf subjects. Even though, the Board has been conferred with power to accord sanction to alienate the wakf property, the power
Board Of Wakfs vs The State Of West Bengal & Ors on 8 February, 2018
Trusts and Wakfs
may be thin, but the main factor always is that while Wakf
properties vest in God Almighty, the Trust properties ... restrain all those in management of the Wakf properties
from alienating and/or encumbering the Wakf properties
during the pendency of the proceedings before this
respect of encroachment and
illegal alienation of wakf property. The
Petitioner has filed several complaints against
the encroacher.
6. It is the case
indulging in illegal
activities by selling the properties belonging to Dargah which are Wakf
properties and were already gazetted. In spite of complaints filed against ... taking action against third respondent for
illegal alienation of Wakf properties of Dargah and to take action against
third respondent and to remove third respondent
encumbrance on the property.
(d) Possession of the property which is the subject matter of the Wakf deed was handed over on the very same ... alienation or encumbrance made in respect of the property concerned, then such alienation or encumbrance would be invalid.
The Wakf is therefore a Wakf-alal
ownership of the appropriator, but without the power of alienation, and a bestowing of its produce in charity. The learned Author on page ... therefore, be taken that the Shia law recognises wakf not as a unilateral disposition of property, as it is recognised in the Sunni
from 01.11.2013 introduced Section 52A which deals
with Penalty for alienation of waqf property without sanction of
Board, but the purchase of the subject land ... petitioner. Therefore, the offence of alienation of
the property without any prior permission allegedly belonged to the
wakf took place long prior to the commencement
Testator/Wakf.
b) A decree for declaration that the Schedule "A' property of the plaint is a Wakf Property situate at
Premises ... parties, in respect of any part or portion of the wakf property
under Schedule "A' of the plaint or in any manner whatsoever
