Deed of Wakf for Ultimate Religious and Charitable Purposes

Deed of Wakf for Ultimate Religious and Charitable Purposes

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

Whereas the wakif is the owner and in possession of the assets and properties, movable and immovable, described and mentioned in the schedule hereunder.

And whereas the wakif of his free will and own accord is desirous of permanently settling the properties described in the schedule for purposes recognised by the Mohammedan Law as pious, religious and/or charitable.

Now therefore this deed witnesseth as follows:

1. I, the wakif, hereby dedicate and transfer all my properties mentioned in the schedule hereunder with all rents, issues, profits thereof and appurtenances thereto absolutely and permanently by way of wakf for pious, religious and/or charitable purposes and divest myself of all rights and claims therein and vest the same in Allah and complete the same by delivery of possession to the mutawalli in the manner hereinafter mentioned.

2. The ultimate benefit under this wakf is reserved for purposes and objects recognised by the Hanafi (or Sunni) School of Mohammedan Law as religious, pious and/or charitable including the following:

(a)  the payment of my just debts;

(b)  the maintenance and support of myself, my wife and descendants;

(c)  the distribution of alms to poor and indigent persons on every Friday the value of such weekly alms not being less than Rs. 100;

(d)  the observance of the tenth day of Mohurrum by distribution of milk, etc. to the poor;

(e)  the celebration of ceremonies known as Moulood Shariff;

(f)  to help poor and meritorious students professing Islam faith and studying in any recognised institution;

(g)  to perform the annual fateha of myself and after my death, the members of my family;

(h)  other religious, pious and/or charitable purposes as may be thought fit by the mutawalli from time to time or directed by a Court of Law including pecuniary reliefs or assistance to indigent members of my family.

3. The moneys which may be realised from my debtors mentioned in the said schedule hereto shall after payment of my debts, be invested in landed properties and such landed properties shall form a part of the estate hereby made wakf properties.

4. From the income of the said estate my sons AB, DE, GH and JK shall each receive a monthly sum of not more than Rs. 1,000 for the benefit of themselves and their respective families and descendants. As regards the respective amounts to be spent for the other purposes aforesaid, the mutawalli for the time being shall have absolute discretion to decide.

5. As regards the appointment of mutawalli and succession thereof it is declared that:

(a)  I shall be the first mutawalli for my life.

(b) After my death AB and DE my sons shall be joint mutawallis and each of them shall be at liberty to appoint one of his lineal male descendants. Each mutawalli for the time being shall have the power of appointing his successor.

6. The mutawalli for the time being shall, as and by way of remuneration, be entitled to receive 20% of the net income or surplus of the wakf estate and to retain all the expenses of the management including the costs of all litigations.

7. In case of legal necessity and for the benefit of the wakf estate the mutawalli for the time being shall be at liberty, at his discretion to sell, mortgage, transfer, alienate, partition, and/or demise the wakf properties mentioned in the said schedule hereto or any part thereof subject to the prior sanction of the Board of Wakfs for the State of West Bengal and to invest the moneys thereby raised shall form part of the wakf estate but no purchaser, mortgagee, transferee, alinee, co-sharer or lessee of the said properties shall be concerned to enquire whether the respective sales, mortgages, transfers, alienations, partition or leases are necessary for or beneficial to the wakf estate or to see to the application of the proceeds thereof.

8. The dedication hereby made will bind me, my heirs, executors and representatives.

9. The properties hereby dedicated are valued at Rs. 10,00,000.

The Schedule above referred to

Part I

Part II

In witness whereof I have executed these presents on the day, month and year first above-written.

Signed: Md. MAL

(As wakif)

Witnesses:                                                                                            Accepted:Md. MAL

(As Mutawalli)