Declaration of Wakf by vesting all movable and immovable properties 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 PRESENTS 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 ereafter 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.
