DRAFTING OF PLEADING AND CONVEYANCING
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Appointment of Muttawalli for Administration of Wakf
Format of Deed for Appointment of Muttawalli for Administration of Wakf.
English :- As per Section 3(i) of Vakf Act 1995 (i) "mutawalli" means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any wakf or wakf property: Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee or corporation.
Hindi:- वक्फ अधिनियम 1995 की धारा 3 (i) के अनुसार (i) "मुतवल्ली" का अर्थ किसी भी व्यक्ति को मौखिक रूप से या किसी भी विलेख या साधन के तहत नियुक्त किया गया है जिसके द्वारा वक्फ बनाया गया है, या एक सक्षम प्राधिकारी द्वारा, एक के मुतवल्ली होने के लिए वक्फ और इसमें कोई भी व्यक्ति शामिल है जो किसी भी प्रथा के आधार पर वक्फ का मुतवल्ली है या जो नायब-मुतवल्ली, खादिम, मुजावर, सज्जादनाशिन, अमीन या मुतवल्ली द्वारा नियुक्त अन्य व्यक्ति है जो मुतवल्ली के कर्तव्यों का पालन करता है और अन्यथा को छोड़कर इस अधिनियम में प्रदान किया गया है, कोई भी व्यक्ति, समिति या निगम किसी वक्फ या वक्फ संपत्ति का प्रबंधन या प्रशासन कर रहा है: बशर्ते कि किसी समिति या निगम के किसी भी सदस्य को मुतवल्ली नहीं माना जाएगा जब तक कि ऐसा सदस्य ऐसी समिति का पदाधिकारी न हो या निगम।
Sample format of Deed for Appointment of Muttawalli for Administration of wakf is given below:
APPOINTMENT OF MUTTAWALLI
To all to whom these presents shall come I _________ son of _________ _________by faith _________ by occupation_________ residing at_________ send greeting whereas by a deed of Declaration of Wakf made by_________ (hereinafter referred to as the wakif) on and bearing date the day of_________and registered by the Sub-Registrar of Assurance of_________ in Book No. 1, volume _________, pages_________ being, _________ for the year the said wakif dedicated the properties therein and in the schedule hereto particularly mentioned and described absolutely by way of wakf, divested himself of the ownership thereof to all intents and purposes and intended that the said properties shall be held and so treated and the rents, issues and profits thereof shall at all times thereafter be appropriated for the objects and purposes as indicated therein the ultimate benefit under the said wakf being reserved for purposes recognized by Mahomedan law as religious, pious or charitable as appearing in clauses _________ to _________ thereof and whereas the said Deed is in fall force and virtue and the income of the properties dedicated being utilised for the purposes mentioned therein and whereas by the said deed hereinbefore recited the said wakif laid down the following scheme for administration of the wakf and made provisions for the appointment of mutawalli, that is to say.
Now know ye all that in exercise of the powers, authorities and liberties given to and vested in me under by virtue of the deed hereinbefore recited and every and any other powers enabling me I the said do hereby nominate and appoint son of_________ deceased at present residing at by faith by occupation a Mahomedan belonging the Sunni School of Mahomedan law as mutawalli to be my successor in office after my death and in the event of his death during my lifetime his sons/daughters named _________ of the same place and caste as mutawalli or mutawallis next after me to administer the said Wakf estate.
In witness whereof I the said _______ have hereunto set and subscribed my hand and seal this _________ day of _________ 20__.
Signed, sealed and delivered by _______________ in the presence of:
The Wakf Act, 1995
Section 6. Disputes regarding Wakfs
(1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final:
Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of wakfs.
Explanation.-For the purposes of this section and section 7, the expression "any person interested therein", shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this Act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under section 4.
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any wakf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(4) The list of wakfs shall, unless it is modified in pursuance of a decision or the Tribunal under sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
Section 7 Power of Tribunal to determine disputes regarding wakfs
(1) If, after the commencement of this Act, any question arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in such list is a Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, or any person interested therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final: Provided that-
(a) in the case of the list of wakfs relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of wakfs; and
(b) in the case of the list of wakfs relating to any part of the State and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement: Provided further that where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re-open such question.
(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any wakf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding.
(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1).
(4) The list of wakfs and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final.
(5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be.