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1 - 8 of 8 (1.18 seconds)Section 104A in The Wakf Act, 1995 [Entire Act]
The Wakf Act, 1995
The Registration Act, 1908
Section 92 in The Code of Civil Procedure, 1908 [Entire Act]
Section 52 in The Wakf Act, 1995 [Entire Act]
Section 51 in The Wakf Act, 1995 [Entire Act]
J.Kathirvel vs The Inspector General Of Registration on 25 July, 2022
13. The Waqf Board, Waqf, Muthavalli or any other person, who
has the management and control of the waqf property, is not entitled to
alienate the same. Respondents 6 and 7 are sons of Mr.Syed Ameenudeen,
who himself was the Pangali Trustee of the Waqf on the date the exchange
deed was executed. When admittedly the waqf property has been exchanged
after amendment to the Waqf Act inserting Sections 51 (1) (A) and 104A, all
that has to be done is to apply the said provisions and declare the said
document as void ab initio. I am aware that there is no provision for a
registering authority to cancel a document once the process of registration is
over. However, while striking down Section 77A of the Registration Act,1908,
a Division Bench of this Court, in M.Kathirvel v. Inspector General of
Registration, 2022 (4) CTC 769, has laid down in clear and categorical terms
that this Court, in exercise of power under Article 226 of the Constitution of
India, can declare a document to be a fraudulent one.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 11:51:59 am )
W.P.(MD) Nos.23489 & 23541/2024
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