contention therefore is that the order sanctioning the creation of the wakf was without jurisdiction and void. The appellant's answer is that ... concept. Its creation and incidents are governed by the Muhammadan law. The Court therefore cannot sanction the creation of a wakf contrary to the Muhammadan
coming into
force of the Wakf Act , it is submitted that mere non-registration of the wakf with
the Wakf Board cannot be presumed ... only to register the Wakf and non-registration of the wakf u/s 36 (8) would not
invalidate the wakf as such registration is only
aspect, as
to how Wakf is created, and/or creation of Wakf is to be
inferred, and that, once the Wakf is created, it does ... reiterated, that
dedication is a sine qua non for creation of Wakf. Of
course, dedication can be inferred from user, but then, in
the present
Since the passing of the wakf Validating Act, 1913 , a wakf alal-aulad w
as as much a wakf as any other variety ... wakf as any other
variety of wakf, it has to be said that the subject matter
of such a wakf vests immediately on its creation
that if 15 per cent of the Wakfs were Shia
Wakfs or the income from such Wakfs is in the excess of
15 per cent ... provision for registration of the Wakfs. The immediate
need for creation of the Wakf Board which cannot await
the result of the survey commissioner
character of his possession from malik to mutwalli of the wakf, that the wakf was not a fictitious one, intended to serve as a shield ... debts as to lead us to the inference, that the creation of the wakf was a plan designed upon to shield his properties from creditors
Edition, at page 655. That again refers to the fact that creation of Wakf can be established by user, but, the user must ... respondents, it is clear that it is essential for the creation of a wakf, there must be dedication. It is only the dedication that
wakf, if any, stood obliterated.
Even though the properties continued to be on the register of
the Board of Wakfs, they ceased to be wakf ... dismissed upon a correct
understanding of the law relating to the creation of Wakfs. It
was submitted that the Allahabad High Court had very
correctly
Appeal Court completely
misconstrued and/or misunderstood the principles governing
the creation of wakfs and trusts in coming to the conclusion
that the Trust Deed ... wakf, there was
no question of such a wakf and there was no question of it
coming into force from the date of its creation
intention of Khidir Buksh in the matter of creation of the wakf are the two towaliatnamas, Ex.Z (1) and 3, executed on 17th December ... conduct or mode of enjoyment of the property after the creation of the wakf, so far as outward appearance is concerned. All this
