Deed of Wakf (Mahomedan)—Movables and Immovables
Whereas I, AB son of, etc., of, (hereinafter called the wakif), am solely and absolutely seized and possessed of or otherwise well and sufficiently entitled to the property fully mentioned and described in Schedule Y hereto, and also to the shares of the joint stock companies and other securities, and also to the moneys and other movable properties set out in Schedule Z hereto: And whereas I desire to make a wakf of the properties set out in Schedules Y and Z hereto to grant aid to the poor and meritorious students (Mahomedan) prosecuting studies in the school known as ……… and in the event of abolition of the said school to apply the income for such public charitable purposes as are hereinafter mentioned: now this deed witnesses that I, the wakif, divest myself of all ownership, possession and enjoyment of the same and vest the same in God so as to create an endowment thereof for the religious and charitable objects hereunder mentioned and deliver possession thereof to the mutawalli hereunder appointed to effectuate my said wish and desire.
1. I appoint myself as the first mutawalli for administration of this wakf for the term of my natural life, which shall all along be known and designated as the wakf of AB.
2. After my death, CD son of, etc., and EF son of, etc., shall be the successors in my office and act as mutawalli of this wakf if qualified for the office who shall select two among their descendants as their successors and the vacancy thus created by death shall be filled up by this process for generations.
3. In the event of the death without selecting his substitute or retirement of any mutawalli holding office, the continuing mutawalli will co-opt a mutawalli in the place of one dying or retiring in the first place out of my heirs and their descendants, both male and female, provided they are found competent in that behalf, but preference shall always be given to a male eligible for the purpose.
4. Should any of the mutawallis be deemed unfit to hold the office, he shall be liable to be removed from the office of mutawalli.
5. The mutawalli or mutawallis shall realize the income of the wakf property, and shall at the first instance pay the outgoings and expenses of management of the wakf property. After such payment, the surplus shall be distributed by the mutawalli or mutawallis for the time being once in every ……… months amongst the beneficiaries hereinafter mentioned.
6. The mutawallis shall, out of the surplus income as aforesaid of the wakf estate, set apart a sum equivalent to 75% to be applied in granting aid or financial assistance to poor and meritorious students prosecuting studies in the school subject to increase or diminution as may be permitted or justified by the income for the time being and pay the residue to me, AB the wakif for the time of my natural life. After my death, such surplus income shall be paid to my descendants in accordance with their respective shares according to Mahomedan law. And in the event of my descendants becoming extinct, the mutawalli or the mutawallis for the time being shall hold the property for medical reliefs to the Mussalman poor belonging to ……… school, and shall spend the surplus income for the benefit of the poor of the said school in such manner as the mutawalli or mutawallis for the time being in their discretion shall decide.
Schedule Y above referred to
Schedule Z above referred to
In witness, etc.