Is construction of a house on waqf board land illegal?
2 years ago
I purchased land 133 sqyards in 2017, constructed single bed room with slab, it's a waqf board land . 399 , 400, 401, survey ghmc not given a permission. but my neighbor filed writ petition in high court for demolish the house. how can I protect my house
A.Hi,
Hello, When a waqf is established, the property is 'locked up' or 'tied up' for all time and becomes non-transferable. The individual who established the waqf would be unable to reclaim the property, and the waqf would continue to exist. A Waqf Board is a legal entity having the authority to purchase and keep property, as well as to transfer it. As a result of the foregoing, the house's location will be determined by the wakf board
Thank you.
Hello, When a waqf is established, the property is 'locked up' or 'tied up' for all time and becomes non-transferable. The individual who established the waqf would be unable to reclaim the property, and the waqf would continue to exist. A Waqf Board is a legal entity having the authority to purchase and keep property, as well as to transfer it. As a result of the foregoing, the house's location will be determined by the wakf board
Thank you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
When a waqf is created, the property is detained or, is 'tied up' forever and thereafter becomes non-transferable. A person creating the waqf cannot take back the property and the waqf would be a continuing entity. A Waqf Board is a juristic person with the power to acquire and hold property and to transfer any such property. Therefore, given the above fact, the position of the house will be determined by the decision of the wakf board.
Thank you.
When a waqf is created, the property is detained or, is 'tied up' forever and thereafter becomes non-transferable. A person creating the waqf cannot take back the property and the waqf would be a continuing entity. A Waqf Board is a juristic person with the power to acquire and hold property and to transfer any such property. Therefore, given the above fact, the position of the house will be determined by the decision of the wakf board.
Thank you.
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Sidhaarth
Responded 2 years ago
A.How the property is wakf property? In fact it is political agenda and appeasement politics of congress to benefit the muslim. merely because a property belong to muslim does not make By property of wakf property and if that is so then it is anarchy and encroachment of so called board. Being bonafide purchaser you have certain right to enjoy the property.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As per the Wakf Act, 1995, as amended up to date, Wakf means the permanent dedication by a person professing the Islam, of any movable or immovable property for any purpose recognized by Muslim Law as religious, pious, or charitable.
A Waqf Board is a juristic person with power to acquire and hold property and to transfer any such property. The board can sue and be sued in a court as it is recognized as a legal entity or juristic person.
As per Section 51 of the Wakf Act, 1995, as amended up to date,any gift, sale, exchange or mortgage of any immovable property which is wakf property, shall be void unless such gift, sale, exchange or mortgage is effected with the prior sanction of the Wakf Board. The Wakf Board may, after publishing in the Official Gazette, the particulars relating such transaction invite objections and suggestions with respect thereto and considering all objections and suggestions, if any, that may be received by it from the concerned mutawalli or any other person interested in the wakf, accord sanction to such transaction if it is of opinion that such transaction is—
(i) necessary or beneficial to the wakf;
(ii) consistent with the objects of the wakf;
(iii) the consideration thereof is reasonable and adequate.
As per the verdict of the Hon'ble Supreme Court of India,if a Mutawalli ( the manager of Wakf property) wants to sell, mortgage or exchange the Wakf properties, he must obtain prior permission of the Court ( now it is Wakf Tribunal) .
Therefore,it is necessary to scrutinize your registered Purchase Deed to know whether the Mutawalli sold that property after complying with the aforesaid mandatory formalities because until and unless your purchase is legal,the question of construction therein cannot and doesn't arise.
A Waqf Board is a juristic person with power to acquire and hold property and to transfer any such property. The board can sue and be sued in a court as it is recognized as a legal entity or juristic person.
As per Section 51 of the Wakf Act, 1995, as amended up to date,any gift, sale, exchange or mortgage of any immovable property which is wakf property, shall be void unless such gift, sale, exchange or mortgage is effected with the prior sanction of the Wakf Board. The Wakf Board may, after publishing in the Official Gazette, the particulars relating such transaction invite objections and suggestions with respect thereto and considering all objections and suggestions, if any, that may be received by it from the concerned mutawalli or any other person interested in the wakf, accord sanction to such transaction if it is of opinion that such transaction is—
(i) necessary or beneficial to the wakf;
(ii) consistent with the objects of the wakf;
(iii) the consideration thereof is reasonable and adequate.
As per the verdict of the Hon'ble Supreme Court of India,if a Mutawalli ( the manager of Wakf property) wants to sell, mortgage or exchange the Wakf properties, he must obtain prior permission of the Court ( now it is Wakf Tribunal) .
Therefore,it is necessary to scrutinize your registered Purchase Deed to know whether the Mutawalli sold that property after complying with the aforesaid mandatory formalities because until and unless your purchase is legal,the question of construction therein cannot and doesn't arise.
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