Wakf property can't be sold.
if a mutawalli wants to sell, mortgage or exchange the Wakf properties, he must obtain prior permission of the court.
Can I be owner of waqf property?
Hi all, I am living in a house in UP which is waqf alal aulad. My grand grand father had taken this house on rent before 70 years ago. And from that time we are living in this house. Now mutawalli want to sell this house to us without benama. Please give advice me what is the best way to acquire this property. And what documets are required. Second thing is that only mutawalli is enough for selling this prpoerty or his 2 uncles who are against him can be claim for this property if purchase or take on lease. Thanks All
Asked 6 years ago in Property Law
Religion: Muslim
7 Answers
a waqf alal aulad is for the children of the person who forms a waqf and it cannot be sold. the mutwalli cannot sell the waqf property and more so to the children of the person who created the waqf. documents would have to be seen and a remedy is available with the courts,the jurisdiction to determine whether or not a property is a wakf property or whether a wakf is a Shia wakf or a Sunni wakf rests entirely with the Tribunal and no suit or other proceedings can be instituted or commenced in a Civil Court in relation to any such question after the commencement of the Act.
regards
It is clear that wakf property can not sell or purchase. Can I get this property on lease or any other method. And can I registere this property please suggest. Can I be a mutawalli of this property? Please advise. Thanks a lot.
Asked 6 years ago
yes you can take on lease/rent.but you cant purchased the waqt property
Waqf Board or persons/officers serving under the BOARD has no right to sale or transfer waqf property.Property once dedicated as waqf it always remains waqf.It always remains inalinable. it cannot be sold.The waqf board has only power to manage control and deal it according to the waqf deed .DONOT try to purchase waqf property As no ownership will transfer to you.
A lease of any immovable Waqf property exceeding the period of three years and extending up to thirty years may be granted for the purpose of carrying out any commercial activity, education or health purposes, with the approval of the State Government.
mutawalli cannot sell wakf land without prior consent of Wakf board
Sale of wakf property would be void
wakf land could not even be leased out for more than three years and if you wanted to take it on rent that should be paid on market rate and on monthly basis.
The wakf board property cannot be sold by mutawali without written permission and authorization from wakf board.
In any case they may have to execute a registered sale deed after proving their title to the property now proposed to be sold.
Better obtain a legal opinion before buying it.
You can enter into a lease agreement.
You will be a tenant till the end.