Deed of Wakf-Alal-Aulad
THIS DEED OF WAKF-ALAL-AULAD is executed by me, A.B., aged about . . . . . . . years, son of . . . . . ., resident of . . . . . . . ., (hereinafter called ‘‘the Wakif’’), at. . . . . . . ., this the. . . . . . . . day of. . . . . . . ., 20 . . . . . . . .
AND WITNESSES that I, the said A.B., am a HANAFI MUSSALMAN and the absolute proprietor in possession, inter alia, of the properties specifically described in the Schedule hereto, which said properties are hereby dedicated for the benefit of me and my heirs and descendants and on extinction of my line of descendants ultimately for the benefit of the mosques and provision for imams to conduct worship therein in the city of . . . . .
I hereby constitute and appoint myself the first mutawalli of the said dedicated properties and accordingly this day relinquish all my interest, right and title in the said properties and assume control and possession thereof as mutawalli of the said properties.
I reserve the right to nominate my successor, which right I shall exercise only by a nomination duly made in writing whether testamentary or otherwise. I may appoint any of my sons, or their children in the male line the next mutawalli but none other than such member of my family shall be so appointed by me. Thereafter the mutawalliship of the Wakf hereby created shall devolve on such of my descendants, preferably in the male line, as may be nominated in writing by my successor or his successor. On extinction of male descendants any member in the female line or any other person may be so nominated. If no appointment in writing is made by any mutawalli then the said office shall descend to the eldest male descendant of the last mutawalli.
No mutawalli shall be entitled to permanently alienate any Wakf property or lease the same for a period exceeding five years and all investments made by any mutawalli shall be in such securities as may be approved or allowed by the Indian Trusts Act or in a first mortgage wherein the security offered is house property within the city of . . . . . . . .
The present income of the Wakf properties after deducting all necessary and other expenses is about, Rs. . . . ., but not more than Rupees. . . . . . . only, and the aggregate value of the properties hereby dedicated is not more than Rupees . . . . . . . .(Rs. . . . . . . . .) only.
The net income after defraying all expenses necessary, contingent or otherwise, shall be appropriated in the manner hereunder:
(i) If the net income does not exceed Rs. . . . . . . .then it shall be spent by the mutawalli for the support of the mutawalli and the members of his family in the male line and such female members as may be dependant on the mutawalli.
(ii) If the net income exceeds the aforesaid sum of Rs . . . . . . . then the excess shall be spent for the benefit of the mosques and provision for imams to conduct worship therein in the city of . . . . . . . .
(iii) On extinction of the male line of the descendants of the Wakif, the mutawalli for the time being shall utilise the whole income of the Wakf property for the benefit of the mosques and provision for imams to conduct worship therein in the city of . . . . . . . .
IN WITNESS whereof I, the said Wakif, have hereto signed at . . . . , the day and the year first abovewritten.
Witness: Sd. A.B.
Wakif and First Mutawalli.
SCHEDULE OF PROPERTY