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However, we may have made mistakes and we will not be responsible for any loss or damage of any kind arising because of the usage of this information. According to Abu Yusuf, whose word is followed in India, mere declaration of dedication is sufficient for completion of Wakf.Further, upon discovery of any error or omissions, we may delete, add to, or amend information on this website without notice. Neither delivery of possession or appointment of Mutawalli is necessary. A temporary dedication such as for a period of 10 yrs or until death of someone is invalid.(4) On completion of the enquiry provided for in sub-sections (1) and (3) the Court shall record its findings as to the matters mentioned in the said subsections, except such matters as may have been decided in the aforesaid suit.(5) Save as provided in this section, the Court shall not, when acting under this section, try or determine any question of the title of any person claiming adversely to the wakf.Our statute book is full of obsolete laws, some dating back to the 19th and early 20th centuries.Having outlived their utility, these laws need to be repealed, for which recommendations have been made from time to time by various government-appointed bodies. In its report of 1998, the commission had recommended the repeal of over 1,300 Central acts, which it had classified into various categories, including “amending acts” and “validating acts” — those that had amended a pre-existing law or had restored the legal validity of a law or custom derecognised by a court ruling.PART IV POWERS OF THE COURT TO ENQUIRE (1) The Court may, either on its own motion or upon the application of any person claiming to have an interest in a wakf, hold an inquiry in the prescribed manner at any time to ascertain- (i) whether a wakf exists; (ia) whether such wakf is a wakf to which this Act applies; (ii) whether any property is the property of such wakf and whether the whole or any substantial portion of the subject-matter of such wakf is situate within the local limits of the jurisdiction of the Court; and (iii) who is the mutwalli of such wakf.: (2) If it comes to the knowledge of the Court that a suit has been instituted in any Civil Court in regard to any of the matters mentioned in sub-section (1), it shall stay the inquiry so far as it relates to, or is likely to be affected by, the Court’s findings or order in regard to such matters, until the suit is finally decided in that Court.

We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information in this document. There must be a dedication, the dedication must be permanent, and the dedication can be of the property. It can be written or oral but it must be clear to convey the intention of dedication. Power of Mussalmans to create certain wakfs.—It shall be lawful for any person professing the Mussalman faith to create a wakf which in all other respects is in accordance with the provisions of Mussalman law for the following among other purposes:— (b) where the person creating a wakf is a Hanafi Mussalman, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman law as a religious, pious or charitable purpose of a permanent character. Wakfs not to be invalid by reason of remoteness of benefit to poor, etc.—No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendents of the person creating the wakf.WHEREAS doubts have arisen regarding the validity of wakfs created by persons professing the Mussalman faith in favour of themselves, their families, children and descendants and ultimately for the benefit of the poor or for other religious, pious or charitable purposes; and whereas it is expedient to remove such doubts; It is hereby enacted as follows:2.The Ramanujam Committee submitted a four-volume report, taking into account the recommendations of both the P. Two laws were enacted by Parliament — the Repealing and Amending Act and the Repealing and Amending (Second) Act. Finding the two wakf validating acts in the list of laws recommended for repeal, concerned Muslim leaders approached former Minority Affairs Minister K. Answering his question on the issue in Parliament on May 5, the current law minister reportedly said that the acts would not be repealed.Later, the minority affairs ministry opined that these were obsolete and should have been repealed by the Wakf (Amendment) Act, 2013.




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