includes a public wakf and the expression 'trustee' includes a mutawalli of such wakf. (2) In respect of any Wakf--alal--aulad, -- (a) where
benefit of mankind.
Since the passing of the wakf Validating Act, 1913 , a wakf alal-aulad w
as as much a wakf as any other ... that the wakf deed was a genuine document. It also held
that it was a: valid wakf as a wakf-alal-aulad under the
Mussalman
aulad but is applicable to all wakfs and, therefore, in
case of wakfs other than wakf-alal-aulad the exemption
granted ... covers all Musalman wakfs and
not merely wakfs known as the Wakf-alal-aulad and,
therefore, it will be necessary to examine the provisions
present case, i.e., in case of private wakfs (wakf-
alal-aulad). Reliance in this regard can be placed upon a Division
Bench judgment ... pious,
religious or charitable and as per the Wakf
Amendment Act, 2013. A wakf-alal-aulad to the
extent to which the property is dedicated
wakfs. They called Ex. A-32 as Rukhia Bi Wakf and Ex. A-22 as wakf-alal-aulad.
(4) At this stage, it is necessary ... impermissible to assume that if a wakf will be a wakf-alal-aulad, but whatever other test may be suitable in any given case
applicable to public wakfs cannot be applied with equal force to a private wakf or wakf alal-aulad. Private wakfs or wakfs alal-aulad ... Under the Mussalman Wakf Validating Act , this fiction appears to have been extended to cases of private wakfs or wakfs-alal-aulad, i.e, wakfs
wakfs. The only difference is that in a public wakf the public in general is the beneficiary whereas in wakf-alal-aulad the beneficiaries ... wakf. From a bare reference to the definition of 'wakf' in the 1954 Act it is obvious that a wakf-alal-aulad
Wakf Board contends that it has got jurisdiction wherever a wakf is created, no matter whether it is public or private Wakf (Wakf-alal-aulad ... entire properties have become wakf properties, though in the case of private Wakf, i.e., Wakf-alal-aulad, the charitable, religious and pious purposes
Section 3(r)(iii) of the Wakf Act, 1995, Wakf includesthe Wakf-Alal-Aulad to the extent to which property is dedicated for any purpose ... person creating the wakf.
There cannot be any doubt over the fact that the suit wakf, a Wakf-alal-aulad is not invalid
incorporated in the Wakf Act, 1995 . Thus Muslim Law, recognises Public Wakf as well as Private Wakf called Wakf-alal-aulad. A private wakf called ... sauit wakf a Public wakf governed by the Wakf Act, 1995 as then the wakf shall have ceased to be Wakf-alal-aulad and acquired