Property claimed as wakf property
7 months ago
I have a dwelling house at central Kolkata where part is occupied by some tenant ( since 1960) who pays monthly rent @26/- and paid rent till 2017 against signing rent receipt as tenant, so recently I initiated eviction suit and and in that suit she filed one RTI document ( against some D.E. No. ) which is issued by wakf board West Bengal as the property is wakf estate having some E.C. no., but as per devolution of deed property is under private ownership since 1926 and duly mutated under Kolkata Municipal Corporation with proper assessee no. and upto date tax cleared, so what remedy is available to me for evicting the tenant and nullify the claim of wakf board.
A.Dear client,
The Supreme Court ruled that a suit for eviction against the tenant in relation to a wakf property must be brought in the Civil Court since such a suit is not covered by the dispute specified in Sections 6 and 7 of the Act.
The Supreme Court ruled that a suit for eviction against the tenant in relation to a wakf property must be brought in the Civil Court since such a suit is not covered by the dispute specified in Sections 6 and 7 of the Act.
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A.Dear Client,
The Waqf Act 1995 defines the Waqf as the permanent dedication by any person of movable or immovable property for any purpose recognized by Muslim law as pious, religious or charitable. The properties so dedicated are called Waqf. The person who so dedicates his or her property is known as Waqif and the person who manages such property is known as Mutawalli (manager and administrator). Waqf is a type of charitable endowment in Islamic law where the ownership of a property is transferred to Allah and the property is permanently dedicated for religious or charitable purposes. A Waqf Board is a juristic person with the 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. Waqf by user means where any piece of land or portion of a building has been used permanently for any religious or pious purpose example Mosque, Madrasah, etc. Once a property is dedicated the Donor loses his entire rights and such property can never be alienated, mortgaged or transferred. Apart from this, according to the Indian legal system, if a property owner fails to make a claim towards their property for 12 years, and the same tenant continues to occupy the property for 12 years, the ownership rights to the property is transferred to the tenant. Anyone asserting adverse possession must establish the following: When was the possession acquired? How did they get it? Whether or not the owner was aware of the possession? How long have they retained possession?. In the context, the notification no. No.10/5189/C/05 (B/S) Dated Alipore, the 30th June, 2005 issued by the Director of land Records and Surveys & Jt. Land Reforms Commissioner, West Bengal may be referred for further clarification in this regard.
The Waqf Act 1995 defines the Waqf as the permanent dedication by any person of movable or immovable property for any purpose recognized by Muslim law as pious, religious or charitable. The properties so dedicated are called Waqf. The person who so dedicates his or her property is known as Waqif and the person who manages such property is known as Mutawalli (manager and administrator). Waqf is a type of charitable endowment in Islamic law where the ownership of a property is transferred to Allah and the property is permanently dedicated for religious or charitable purposes. A Waqf Board is a juristic person with the 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. Waqf by user means where any piece of land or portion of a building has been used permanently for any religious or pious purpose example Mosque, Madrasah, etc. Once a property is dedicated the Donor loses his entire rights and such property can never be alienated, mortgaged or transferred. Apart from this, according to the Indian legal system, if a property owner fails to make a claim towards their property for 12 years, and the same tenant continues to occupy the property for 12 years, the ownership rights to the property is transferred to the tenant. Anyone asserting adverse possession must establish the following: When was the possession acquired? How did they get it? Whether or not the owner was aware of the possession? How long have they retained possession?. In the context, the notification no. No.10/5189/C/05 (B/S) Dated Alipore, the 30th June, 2005 issued by the Director of land Records and Surveys & Jt. Land Reforms Commissioner, West Bengal may be referred for further clarification in this regard.
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