Wakf-alal-Aulad

Wakf-alal-Aulad

This deed of wakf is made on this ……… day of ………… 1999 by Md. MAL of .……………………… (hereinafter called the wakif).

Whereas the wakif is the owner and in possession of the immovable property mentioned in the schedule hereto.

And whereas the wakif has no debts and the dower debt of his wife also has been partly paid to her and partly relinquished by her by the deed dated .………………… 1998.

And whereas the wakif is entitled to and is desirous of making wakf of the said properties for the benefit and maintenance of himself, his own heirs and descendants and ultimately for the benefit of poor Muslims.

Now this deed of wakf witnesseth as follows:

1. The wakif hereby makes a settlement by way of wakf of all his immovable properties mentioned in the schedule hereto and relinquishes all his right, title and interest in the said properties as owner thereof.

2. That the aforesaid property shall no longer be the private property of any one but shall be wakf property for the maintenance and support of the wakif, his family, children and descendants and in case of extinction of his line of descendants for the benefit of the poor of Park Circus area belonging to the Muslim faith.

3. That the wakif hereby appoints and constitutes himself the sole mutawalli of the said wakf during his lifetime with absolute power of management thereof and shall appropriate the income of the said property to his own use.

4. That after the death of wakif any person nominated by the wakif in his lifetime or failing such nomination his eldest son or failing him the eldest male descendant and failing a male descendant a female descendant of the wakif in the male line of descendant or failing her the eldest male descendant in the female line of the descendant and failing him the eldest female descendant shall be the mutawalli.

5. The second and subsequent mutawallis shall have power to nominate their successors and failing such nomination the descendants in the order given in cl. (4) shall be the mutawallis.

6. The mutawalli for the time being shall manage the wakf property to the best of his ability and in case he is a minor or person of unsound mind his guardian appointed by the court shall manage the property on his behalf.

7. That after the payment of revenue, cesses, rates, taxes and necessary expenses of management the surplus receipts of the said property shall be divided by the mutawalli amongst the wakif’s descendants according to their shares under the Mohammedan Law.

8. That the mutawalli shall have no power to sell, mortgage, transfer or charge the immovable property mentioned in the First Schedule hereto or any part thereof except by lease for a period not exceeding seven years at a time but he may call in and convert into cash the property mentioned in the said schedule hereto and deposit the money in any nationalised bank or invest it in such securities as he may deem fit or may purchase immovable property and all such moneys, securities and immovable properties into which the property mentioned in the said schedule may be so converted shall be deemed to be part of the wakf property as if the same were included in the first schedule hereto.

9. That the descendants of the wakif will have no right to transfer or charge in any manner their share of the income or profits of the wakf property.

10. That on the extinction of the line of descendants of the wakif the mutawalli for the time being shall use the income, profits or surplus of the aforesaid property for the sole use and benefit of the Mussalmans of the city of Calcutta in such manner as he shall think fit.

The Schedule

In witness whereof the wakif has signed this deed on the day, month and year first above-written.

Witnesses:

1.                                                                                                                         Sd/

2.                                                                                                                     Md. MAL

(wakif)

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