Deed of wakf for public religious and charitable purposes

 

Date

_____________________________________________________________________________________________ (hereinafter called .the wakif.).

 

WHEREAS the Wakif is a widower and has no children and has sufficient means and provision for his maintenance during his lifetime. AND WHEREAS the Wakif desires to dedicate some of his properties to God Almighty, that is to say, for pious, religious and charitable purposes as recognised by Islam in the manner hereinafter indicated. AND WHEREAS the Wakif is seized and possessed of as absolute owner inter alia of the immovable properties more particularly described in the Schedule hereunder written free from any debt or demand and are not subject to any mortgage or charge or encumbrance whatsoever.

 

AND WHEREAS the said properties are valued at Rs.............. for the purposes of this deed.

 

NOW THIS DEED WITNESSES as follows :

1.    In pursuance of the forgoing premises and consideration the Wakif hereby dedicates for the purpose of securing spiritual benefits ALL those the properties more particularly described in the Schedule hereto unto God Almighty, that is to say, for pious, religious and charitable purposes as hereinafter provided and divests himself from the ownership and usufruct thereof absolutely and forever.

2.    The wakif hereby appoints XY, etc. as the first mutawalli of the wakf who shall in the first instance dispose of by way of sale a part of the wakf properties so as to place him in sufficient funds necessary for the purchase of land and construction of a Mosque and a musafarkhana and shall carry out such constructions expeditously.

3.    The mutawalli so appointed shall have the power to nominate his successor and every such mutawalli shall nominate his successor-in-office PROVIDED that in the event of such nominee refusing mutawalliship or becoming incapacitated or otherwise becoming unfit to hold the said office a suitable mutawalli may be appointed by the Civil Court at................... PROVIDED FURTHER that as far as possible the person nominated/ appointed to hold the office of mutawalli shall be pious, religious-minded, educated and versed in the precepts and preaching of Koran.

4.    The mutawalli shall collect the income of the Mosque and the musafarkhana and shall pay and discharge land revenue, taxes, cess and other lawful dues and demands in respect thereof. He shall also be responsible for maintaining the said properties in good repairs.

5.    Subject to the provisions of clause 2 above, no mutawalli shall have the power to sell,. mortgage or otherwise alienate any of the properties of the Wakf except in the case of urgent necessity PROVIDED that the previous orders of the Civil Court at................. shall be obtained before any such alienation.

6.    The. mutawalli for the time being shall be entitled to free residential quarters in the musafarkhana and shall be entitled to remuneration of Rs............... per month for his maintenance, which may be raised with the permission of the Civil Court.................... depending upon substantial rise in the cost of living index in the locality.

7.    The mutawalli shall set aside every year................ per cent of the gross income of the Wakf properties in a reserve fund which shall be separately deposited in fixed deposits in a bank and shall be used for carrying out major repairs or additions to the reconstruction of the said properties of the Wakf.

8.    The mutawalli shall maintain proper accounts of the income and expenditure of the Wakf properties and shall credit all surplus money, as shall not be required for immediate use, in a bank. The accounts shall be audited each year and true copies of the audited accounts and balancesheet submitted to the public trust authorities concerned.

9.    After meeting the costs and expenses and contributions as aforesaid, the net balance of the income of the previous year shall be utilised in the succeeding year or years in perpetuity for the following purposes or any one or more of them in the absolute discretion of the mutawalli for the time being, preference being as far as possible given to deserving Muslims, namely :

a.      To provide food and clothing to the poor ;

b.    To provide fees and scholarships to poor and deserving students;

c.     To support and assist orphans and aged and invalid persons unable to earn livelihood for themselves ; and

d.    To provide maternity facilities for women.

10.  In the event of doubt or difficulty in the implementation of this deed, the mutawalli for the time being shall obtain and comply with the directions of the Civil Court at................. THE SCHEDULE ABOVE REFERRED TO:(Description of the properties)

 

IN WITNESS WHEREOF, the parties hereto have hereunto set and subscribed their respective hand and seal the day and year first hereinabove written.

SIGNED SEALED AND DELIVERED by the within-named AB, etc., in the presence of...................

SIGNED SEALED AND DELIVERED by the within-named EF, etc., in the presence of...................