Moreover, the mutawalli has no right to make any changes in the salaries and allowances of the officials who have already been appointed by the founder. He is merely a manager or supervisor. In the case of agricultural lands, he can grant lease only up to three years. That is to say, even if the waqf-deed specially provides that the waqf-property cannot be given on lease for more than one year, the court may, in the interest of the waqf, authorise a mutawalli to grant lease for longer period. Of the amount so paid.
The founder may provide a fixed amount to be paid periodically to the mutawalli. As defined by Muslim jurists such as Abu Hanifa, Wakf is the detention of a specific thing that is in the ownership of the waqif or appropriator, and the devotion of its profits or usufructs to charity, the poor, or other good objects, in the manner of areeat or commodate loan. The wakif may provide for remuneration for the mutawalli. Every officer of the bank or other person who fails, without any reasonable excuse, to comply with the order made under sub-section 1 or, as the case may be, under sub-section 3 , shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both. Mutawalliship Non-Transfer able: A Mutawalli has no power to transfer his office to any other person. Now there is conflict of views as far as the different sects are concerned. By will - when a person leaves a will in which he dedicates his property after his death.
On the death of one of joint mutawallis and the wakf is silent on what to be done in the event of one of them, the office will pass on by survivorship. For the utilisation of the surplus income consistent with the objects of the wakfs ii. Power of court's inspection - The courts have the power to inspect the functioning or management of the wakf property. A mutawalli has no right to transfer the office to another, but he may appoint deputies or agents to assist him in the administration of the wakf. The Tribunal may direct the mutawalli or the person concerned, as the case may be, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal when required, the said property or the value of the same or such portion thereof as may be sufficient to satisfy the amount specified in the certificate referred to in section 34, or to appear and show cause why he should not furnish such security. But there is a need for a person who can look after the property and manage it. If he has not appointed a mutawalli, or has settled no scheme, then after the delivery of possession, he has no such power.
Secondly, where the deed itself does not lay down rules for the transfer of the tawliyat, and the transfer has been purported to be made to a person not in the direct line of succession, such a transfer cannot be set up and must fail. The Waqf Validating Act of 1930 expressly provides that the Waqf Validating Act, 1913 may be applied retrospectively. But he has no such power in health. Meaning and various types of the waqf is defined in this projects. Choti Bibi, the Madras High Court held that unauthorized lease can be confirmed retrospectively. Delegation of powers by the Board.
But, in Jhanga Mayil Ammal v. On the first floor, it has facilities for ablution and has 12 rooms for accommodating the imam and muazzin of the masjid. It was held that the test to apply would be: a whether the transaction was for a legal necessity, or b whether it was for the benefit of the Wakf, or c whether it was of the benefit of the beneficiaries. Powers of Board in relation to wakfs which have ceased to exist. He denied allegations of targeting a specific group of people.
The gift to charity need not be substantial and concurrent. If a man were to settle a crore of rupees and provide ten for the poor that would at once be recognised as illusory. Even a Sajja Danishina, who has larger interest in the usufruct has no right in the property endowed. Tqjuddin, it has been held that mode of succession to the office of mutawalli and sajjadanashin would be in accordance with law or custom. Who can be a mutawalli - A person who is a major, of sound mind, and who is capable of performing the functions of the wakf as desired by the wakif can be appointed as a mutawalli.
In other words, the mutawalli has right to grant lease of the waqf-property for a maximum term of one year in case of houses ; and, for a maximum period of three years in the case of agricultural lands. The Act was amended in 1959 for the limited purpose of removing certain difficulties arising out of reorganisation of States. The Privy Council has decided an important point regarding the office of tawliyat held jointly by several Mutawallisxiii. The only way in which the plaintiffs can do that is by showing that the properties in suit are wakf property. Notwithstanding anything contained in this Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the wakf, appoint on whole-time or part-time basis or in an honorary capacity, subject to such conditions as may be provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any wakf having a gross annual income of not less than five lakhs rupees: Provided that the person chosen for appointment should be a person professing Islam. Minor Mutawalli: Generally a minor cannot be appointed as mutawalli. In the coming years, several more wakfs were created, as the flourished.
Where in a suit, the plaintiffs admit that the defendant is in possession of the suit properties but they assert that he is there as mutawalli and that his possession is on behalf of the Sunni Muhammadan community and for that reason the plaintiffs say that a declaratory suit will lie and that they need not sue for possession, then the burden lies on the plaintiffs to prove their claim. In order to avoid such unpleasant situation, a Muslim is allowed to make adequate arrangements for the maintenance of his children and descendants through the medium of a trust. A single judge of the Bombay High Courtxii, however, has held that where a Mutawalli has leased Wakf property for a long term without the sanction of the Court, the Court has the power to sanction the lease retrospectively if it is satisfied that the transaction is for the benefit of the Wakf. Neither a minor nor a person of unsound mind can be appointed mutawalli. The elements which render shebaitship a property are absent in mutawalliship and mutawalliship is an office.
Whenever matters of general interest regarding management of Wakfsin States are to be taken up at the level of the Central Government, the same are generally referred to the Central Wakf Council. Accordingly, the court held that after his resignation, the founder had lawfully appointed В as mutawalli, because that office fell vacant while the founder was still alive. The wakf, however, who is himself the first mutawalli, can resign his office during his own lifetime and appoint another mutawalli. A possibly older waqfiya is a papyrus held by the Museum in , with no written date but considered to be from the mid-9th century. The waqf-deed provided that after his death A would act as mutawalli. The role of the mutawalli is to prepare the budget, keep regular accounts and audit the accounts with the Wakf Board annually. Some other invalid objects are - building or maintaining temple or church, providing for the rich exclusively, objects which are uncertain.
Generally, the founder himself provides for the remuneration of mutawalli. The religious duties in some cases may be delegated by a female mutawalli to any male Muslim. He has the power to utilize the usufructs as he may deem fit in the best interest of the purpose of the wakf. What is the difference between contingent and conditional Wakf? The Board should also arrange for the auditing of accounts of wakfs. It is accordingly proposed to empower the Central Government to make, wherever necessary, suitable orders for the reconstitution of these Boards and for division of their assets and liabilities. A land assigned to a Mulla as remuneration of his office, cannot be succeeded by any female successor.