Wakf for Public and Charitable Purposes by Shiva.

Wakf for Public and Charitable Purposes

THIS DEED OF WAKF is made the . . . . . . . . day of . . . . . . . . ., 20 . . . . . . . .¸ by me, A.B., aged about . . . . . . years, son of. . . . . . . ., resident of. . . . . . . ., and I hereby declare and make known to all whom it may concern that amongst other properties I am in my own right in proprietary possession of the properties set out in the schedule hereto and that the said properties are free of all encumbrances, charges and liens whatsoever;

AND WHEREAS I have no children, male or female and there are other properties belonging to me sufficient for my maintenance and the maintenance of my wife;

AND WHEREAS with the object of attaining Kurbat or nearness to God and reward hereafter, I desire to make a WAKF of the properties set out in the Schedule hereto for any of the purposes recognised by the Mohammedan Law as religious, pious, charitable and more particularly for the maintenance and support of the poor or orphaned children of Mussalmans belonging to . . . . . . . . sect.

NOW, THEREFORE, THIS DEED WITNESSES that I, the said A.B., do hereby dedicate and declare as WAKF all that property more particularly described in the Schedule hereto and hereafter referred to as the Wakf property the aggregate approximate value whereof is not more than Rupees. . . . . . . . (Rs. . . . . . . . .) only;

AND I hereby constitute and appoint myself the first mutawalli (Superintendent) of the Wakf property. I reserve the right to nominate the next mutawalli or during my temporary absence to delegate my powers to such person or persons as I may in my sole discretion consider fit and proper. In case I die and fail to appoint any mutawalli then such person or persons who may be acting in my stead or performing the duties of a mutawalli shall be deemed to be the next mutawalli. If more than one person is nominated by me or is or are acting in my place then both shall continue to act as such mutawallis with power to appoint another in their stead or after them. In case of a vacancy arising in the office of a mutawalli or mutawallis for any reason whatsoever, if no person or persons is or can be appointed then it shall be competent for the principal Civil Court of original jurisdiction to fill in the vacancy or vacancies from amongst any adult person professing the Muslim faith and belonging to . . . . . . . . sect:

PROVIDED ALWAYS that no person not a Mussalman or renouncing the Mussalman faith shall be appointed or continue to act as mutawalli to the Wakf hereby created.

The mutawalli or mutawallis for the time being shall exercise all the powers and duties as may be necessary for officiating, managing, preserving and utilising the Wakf property and for the said purpose may engage, employee or dismiss any manager, servant, contractor or any person employed by the Wakf.

The income of the Wakf property after defraying the expenses of its upkeep, the management of the Wakf and the payment of all taxes, etcetera, shall be utilisied for the following objects, inter alia:

(1)   Maintenance of poor Muslim orphans, provided they belong and continue to belong to the . . . . . . . . sect.

(2)   Education of poor Muslim orphans, provided they belong and continue to belong to the . . . . . . . . sect.

(3)   Medical attendance and medicine to the same class of Muslims as stated above.

The mutawalli or mutawallis shall also be empowered to accept all donations, grants, presents and other property for the purposes of the Wakf and may convert any such donation, grant, present or other property into any other as may be necessary for the better utilisation thereof for the purposes of the Wakf.

IN WITNESS whereof I, the said A.B., have hereto at. . . . . . . ., signed this deed and assumed full control and possession of the properties hereby dedicated and mentioned in the Schedule hereto as mutawalli thereof.

Witnesses:                                                        Sd. A.B.

1.                                                       Wakif and First Mutawalli.