MUSSALMAN WAKF VALIDATING ACT, 1913

 

MUSSALMAN WAKF VALIDATING ACT, 1913 (VI of 1913)

 

Section-2

Public Waqf—Creation of—Whether mention
of the word cheragi for mosque in the deed of gift and khatian means creating
of a valid wakf—The recitals in the deed of heba created absolute transfers to
the donees with an obligation to maintain the mosque—it did not create any
dedication of the properties in rahelillah—The recitals however indicate that
out of the income of the tank, maintenance of the mosque was to be made by the
donees— There has been no dedication of the properties creating any
wafk—Although there is no dedication of the tank in Rahelillah’ since a portion
of the income of the tank is to be applied for maintenance of the mosque, an
obligation has been created upon the donees to maintain the mosque—In view of
the evidence that the musallis had been using the tank for ablution for a long
time, they have acquired a right of easement to use the water of the tank for
ablution.

Jangli
Bibi Mosque Wakf Estate, represented by Mutwally Zakir Hossain Vs. Latifa
Chowdhurani and others, 4 BLD (HCD) 240

Ref:
1521.C.50; A.I.R.1976 (SC) 1569; 5 DLR 109; 1561.C.912; 552(557); I 191.C.l
l6;—Cited. AIR 1 937(Lahore)

 

Section—3

Wakf—Validity of—Wakfnama could not be
declared invalid on the consideration that n exhibits the features of a family
arrangement— Family settlement by way of wakf is permissible—The Act authorises
maintenance and support of children, descendants and family of the wakif.

Mofijuddin
Howlader Vs. Abdur Rashid and others, 2BLD (AD)164

Ref:
14 DLR 745 and 14 DLR 163 distinguished.

 

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