Declaration of Wakf by vesting all movable and immovableproperties for the benefit of the Wakif and his family and for religious, pious and/or charitable purposes as recognized by the Mahomedan Law
Know all men by these present that I,....................................., son of...................................., resident of............................., by faith Mahomedan
and governed by (Sunni/Shia) school of Mahomedan law, hereby declare
that?
1. I, of my free will and own accord hereby dedicate and transfer all my
movable and immovable properties fully mentioned and described in the
schedule hereunder written with all appurtenances and the rents, issues
and profits thereof absolutely and permanently by way of wakf for the
purposes and objects mentioned hereinafter, with the intent to extinguish
all my rights and claim therein and vest the same in the Almighty and
complete the same by delivery of possession to the Mutawalli who will hold
the same in trust for the purposes stated hereinafter.
2. The income to arise from the Wakf hereby created shall for ever
hereafter be paid or remitted by the said Wakif unto or in accordace with
the direction of the Mutawalli to be applied for purposes and objects
recognised by the (Hanifi/Sunni School) Mahomedan Law, inter alia, as
follows:
(a) The payment of my just debts;
(b) The distribution of alms to poor and indigent persons;
(c) The maintenance and support of myself and my wife and children;
(d) To help and maintain the poor, destitute, infirm or physically
handicapped Muslims;
(e) To help poor and meritorious students professing Islam faith and
studying in any recognised institution;
(f) The celebration of ceremonies known as Mound Shariff and
Mohurrum and distribution of milk and other food;
(g) Other religious, pious and/or charitable purposes as may be
considered fit by the Mutawalli from time to time including pecuniary
reliefs or assistance to indigent members of my family and
the family of my................................
3. As the Wakif, I appoint myself to be the first mutawalli and upon my
death my eldest son or on his death the next eldest son shall be the next
mutawalli. On the death of such second Mutawalli the eldest son or eldest
daughter of last Mutawalli shall be appointed as the next Mutawalli,
PROVIDED that on the death of the last surviving heir as aforesaid, his/her
eldest son or daughter and on his/her death his/her eldest son or daughter,
as the case may be, shall be the successive Mutawallis until the extinction
of the line of descendants of the Wakif.
4. The mutawalli or mutawallis for the time being shall, as and by way
of remuneration, be entitled to receive jointly (if there are more than one)
one-fourth part of the net income of the Wakf estate and to retain all net
income for meeting the expenses of management including the costs of all
necessary litigations.
5. Out of the net income of the said Wakf estate the said.....................
shall each receive a monthly sum of not more than Rs.............. only for the
benefit of themselves and their respective families and descendants and
as regards the application of the balance of the income for the other
purposes, the mutawalli or mutawallis for the time being shall have absolute
discretion.
6. Notwithstanding anything herein contained otherwise, no mutawalli
will grant directly or indirectly or otherwise extend any benefit out of the Wakf
estate to my........................ or any of their descendants.
7. No mutawalli or mutawallis is/are authorised to alienate or transfer by
way of lease, sell, mortgage or otherwise charge the Wakf estate in the
ordinary course of management. However, in cases of necessity and for
the benefit of the wakf estate, the Mutawalli or Mutawallis for the time being
shall, after obtaining necessary sanction and approval of the Wakf Board
constituted under the Wakf Act, 1995 and in accordance with its directions,
be at liberty, to sell, mortgage, demise or otherwise transfer the wakf
properties mentioned in the schedule hereunder written or any part thereof
and to invest the moneys thereby received which shall form part of the wakf
estate and in such an event no purchaser, mortgagee, lessee or any other
transferee of the said wakf properties shall be concerned to enquire
whether the said transfer or alienations are necessary for or beneficial to
the wakf estate or to see to the application of the proceeds thereof.
8. The wakf hereby created will bind my heirs, executors and representatives.
9. The properties hereby dedicated for the creation of the Wakf are
valued at Rs...........................
THE SCHEDULE ABOVE REFERRED TO:
PART - A
(Immovable Properties)
PART - B
(Movable properties)
IN WITNESS WHEREOF I,...................................., the Wakif abovenamed,
have executed these presents on the day and year first above written.
SIGNED SEALED AND DELIVERED
By the WAKIF
In the presence of:
1.
2.
