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Concept of Will, Gift And Wakf Under Family Law

Wassiyat

Under Muslim law will is known as Wasiyat. A person who will is called testator. Will means strength of mind. Tyabi defines will as legal declaration of the intention of a testator with respect to his property which he desires to be carried after his death.

Capacity to make a will:

  1. Must be a Muslim.
  2. Must be a major who has attained 18 years of age.
  3. Must be person of unsound mind.


Forms of Will

Under Muslim law there is no particular form of a will. It need not be in writing. It may be either orally or in writing. A written will is always being treated as a complete will.

Limitations to dispose the property

A Muslim is allowed of will to dispose only 1/3rd of the net assets after allowing for the debts and funeral expenses of the testator. Any will made in favour of one of his heirs in voidable at the option of his remaining heirs. Under Muslim law a man is not allowed to dispose of his whole property. His power to dispose the property by will is limited in two ways.

  1. He cannot bequeath more than 1/3rd of the net assets.
  2. He cannot bequeath to his own heirs.

The testator who disposes of more than 1/3rd of the property can be legalized after obtaining the consent of the remaining heirs. Such consent may be expressed or implied. Under Muslim law a testator is not permitted to alter the provisions of the will executed by him. The alteration in the will clearly indicated that the testator has changed his intention and therefore, the will be treated as revoked.

Indian Succession Act, 1925 - (Will)

Will means a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.
Will is a testamentary document. A will declares the person's intention to be performed after his death. Hence it will take effect only from the date of the testator. Section 2(h) defines will. A legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.

Essential characteristics of a will

  1. Legal declaration by the maker
  2. The declaration must relate to his property
  3. It must take effect only after the death of the maker.
  4. It must be revocable during the lifetime of the maker.
  5. A competent person must execute it.


Capacity of making will

According to Section 59 every person of sound mind not being a minor may dispose of his property by will. Codicil means addition or supplement. It modifies a will. Codicil is an instrument dame in relation will and explaining, altering or adding to its dispositions. Sometimes the maker of a will may prefer to alter or amend the will executed by him. Law permits the maker to make alterations to the will.

Types of legacies

  1. Specific legacy (Section 142)
  2. Redemption of legacy (Section 152)
  3. Demonstrative legacy. (Section 150)


Kinds of will

  1. Sham will
  2. Helograph will
  3. Nungupative will
  4. Conditional will
  5. Contigent will
  6. Privileged will
  7. Unprivileged will


Domicile

Meaning of domicile is residence or place. Indian Succession Act defines domicile. This is applicable to:

  1. European by birth
  2. Indian Christian
  3. Parsi
  4. Hindu by conversion


Kinds of domicile

Section 7 to 8 - by birth i.e., origin
Section 10 to 13 - domicile by choice
Section 14 to 18 - domicile by operation of law.

Probate And Grant Of Administration

Probate means the copy a will certified under the seal of a court of competent jurisdiction with a grant of administration to estate of the testator.

(Section 2(f)) Administrator means a person appointed by competent authority to administer the esgtagte of a deceased person when there is no executor.

(Section 2(a)) Executor means a person to whom the execution of last will of a deceased person is, by the testator's appointment, confided.

(Section 2(c)) According to section 22 probates can be granted only to the executor appointed, expressly or impliedly by the will. An application for probate is made by a petitioner to the district judge within whose jurisdiction the testator at the time of his death had a fixed place of abode or had left some part of his property. According to section 223 probate cannot be granted to any person who is a minor or of unsound mind or to any association of individuals. According to section 227 probate of a will when granted establishes the will from the death of the testator and renders valid all intermediate acts of the executor as such. According to section 236 the letters of administration cannot be granted to any person who is a minor or of unsound mind nor to any association of individuals unless it is a company.

Succession Certificate

Succession certificate means a certificate granted by the court with respect to any debts or securities to which person has become entitled as result of succession to another. Security means any promissory note, debenture, stock, any bond etc.

Section 371 the District Judge within whose jurisdiction the deceased ordinarily resided or found at the time of his death, may grant a succession certificate. A succession certificate can be granted in the following case.

  1. When probate or letters of administration is not compulsory.
  2. When the deceased is an Indian Christian.
  3. When the deceased is a Mohammedan.
  4. When the decease is a Hindu and has left a will and probate.
  5. When the Hindu joint family property passes by survivorship.

Where the law requires probate or letters of administration compulsorily, a succession certificate cannot be granted. The certificate shall specify the debts and securities and may empower the person to receive interest or dividends or to negotiate or transfer or both to receive interest or dividends on and to negotiate or transfer the securities any of them.

Gift (Hiba)

The meaning of Hiba is gift. Hiba is a transfer of property made immediately without any exchange by one person to another and accepted by or on behalf of the later.

Donor:

The maker or founder of the gift.

Donee:

One who receives the property or gift or he is beneficiary.

Gift to unborn person:

The gift made to unborn person or not in existence, the that gift is not valid not yet in existence.

How gifts are made: Offer and acceptance

  1. Declaration of gift by the donors
  2. Acceptance of gift by the donee
  3. Delivery of possession immediately
  4. Registration (if the property is immovable then registration is compulsory).


Kinds of Gift

  1. Conditional Gift
  2. Future Gift
  3. Contingent Gift


Conditional Gift:

X is the donor gives the immovable property. Y is done he gave conditions to enjoy the property during his life time, but no right to mortgage or lease or to sell this. This gift is totally invalid.

Future Gift:

X donor gave agriculture property to Y donee. Its act of god. Its invalid.
Contingent Gift: May or may not happen. On the happening of the specified event. Illustration: i. If I die it's yours ii. If you die it's mine. If the gift is like this then it's invalid.

Exceptions

Delivery of possession immediately is not necessary;

  1. Guardian (in case of minor)
  2. Where the donor and donee resides in the same house.


Mushaa

Meaning of Mushaa is undivided share. Schedule of property is not mentioned.

Classification of Hiba or Classification of Gift

  1. Sadaqa
  2. Hiba - bil - iwaz
  3. Hiba - ba - sharat - ul - iwaz
  4. Areeat.


1. Sadaqa: Meaning of sadaqa is pious or charitable ( purposes ) Act. A gives B Rs. 10,000 for purchasing books is called sadaqa. Hiba is secular one. But this sadaqa is only for religious purposes.

2. Hiba - bil – iwaz: Hiba is a gift by donor to donee, iwaz - return gift by donee to donor. Hiba - bil - iwaz means gift with return gift. Gift need not be exact price. It may be small amount. So, it is not a sale.

3. Hiba - ba - sharat - ul – iwaz: Hiba - ba - sharat - ul - iwaz means gift with stipulation (compelling ), covenant or contract.

4. Areeat: Areeat means temporary licence to enjoy the profit. This is revocable at any time without any payment.

According to Section 122 of the Transfer of Property Act, Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person called the donor, to another called the donee and accepted by or on behalf of the done. Such acceptance must be made during the life-time of the donor and while he is still capable of giving and if the donee dies before acceptance, the gift is void.

But Section 129 of the same Act lays down:

Nothing in this chapter (on Gifts shall be deemed to affect any rule of Mohammedan Law. This clearly indicates that the definition of gift under the Mohammedan Law considerably differs from that defined in Section 122 of the Transfer of Property Act. This conflict between the definition of Gift under the two systems of law arises when the term Hiba (term used in Mohammedan Law for Gift) is qualified by adjuncts importing consideration, that is when Hiba is regarded partly as a gift as defined above and partly as sale or exchange.

Who can make a gift?

Every Muslim of sound mind and not a minor may dispose of his property by gift. For the purposes of ‘gift' the age of majority of the donor is determined by the Indian Majority Act, 1875. According to this Act every minor who has attained the age of 18 years becomes major unless the superintendence of his property has been assumed by the Court of Wards, in which case a minor becomes a major on completion of 21 years of age and not before.

Under the Muslim Law it is immaterial whether the donor is a man or a married woman. Hence she has the same right to make a gift as a man, and marriage does not impose any disabilities provided that the subject- matter of the gift is one over which she possesses absolute domination or right. Besides the donor being a major and of sound mind, it is further essential that he (donor) should have ownership of the subject matter of the disposition.

Ancestral and Self-acquired property


The Mohammedan Law does not make any distinction between ancestral or self-acquired property or movable or immovable property. Anything over which dominion or the right of property may be exercised, or anything which can be reduced into possession or which exists as a specific entity or as an enforceable right, may form the subject of a gift.

Thus, actionable claims and incorporeal rights may form the subject of gifts equally with corporeal property. A gift, as distinguished from a will, may be made of the whole of the donor's property.


Essentials of a valid gift

Every Mohammedan of sound mind who has attained the age of puberty may make a valid gift. A gift, as distinguished from a will, may be made of the whole of the property, and it may be made even to an heir. It may be made orally or in writing. Even registration is not necessary.

The provision of Section 123 of the Transfer of Property Act, which provides that a gift of immovable property must be effected by a registered instrument, signed by the donor and attested by at least two witnesses, and that a gift of movable property may be effected either by a registered instrument as aforesaid or by delivery do not apply.

The essentials of a valid gift are:

  1. That there must be a clear and unambiguous intention to make a gift by the donor. Where there is no real bona fide intention to make a gift, the gift will be void. In Qamar Uddin v. (Mst) Hassan Jan, (1934), 16 Lah. 629, a gift of house was made by the donor to the donee without delivering the title deeds; no mutation of name was effected and the donor continued to pay the house tax, it was held that the gift could not be said to be complete and valid as all the requirements of Muslim law had not been fulfilled.
     
  2. That there must be an acceptance of the gift express or implied, by or on behalf of the donee.
     
  3. That there must be delivery of possession of the subject of the gift by the donor to the donee.


Delivery of Possession

Under the Mohammedan Law it is absolutely essential for a valid gift that there should be a delivery of such possession as the subject of the gift is susceptible. The importance of delivery of possession has been stressed by their Lordships of the

Privy Council in Mohammad v. Fakir Jahan

(1922) 49 I.A. 195, where they observed. The taking of possession of the subject- matter of the gift by the donee either actually or constructively is necessary to complete a gift.

Registration of a deed of gift does not cure the want of delivery of possession. A recital in the deed of gift that possession has been given to a minor nephew without the intervention of a father or a guardian was, on the facts, held to be insufficient to support a gift as against the heirs of the donor.

Jumman v. Husain

(1931) 129 I.C. The real test of delivery possession is to see whether the donor, or the donee reaps the benefit; if the former is the case, possession is not transferred and if latter, it is transferred, and the gift is complete as the donee is permitted directly or indirectly to receive the benefit.


Ebrahim Alibhai Akuji v. Bai Asi,

(1933) 58 Bomb. 254. The conduct of the parties concerned is the best guide to see whether a gift is fictitious or otherwise. Thus where a donor makes a gift of the corpus of a property but reserves the usufruct to himself and continues in physical possession of the property, the payment by the donee of Government Revenue after date of gift in respect of the property amounts to constructive possession of the property on the part of the donee and the gift is completed by such possession.

But in Qamar Uddin v. (Mst). Hassan Jan, (1934) 16 Lah. 629, a gift of a house was made by the donor to the donee without delivery of the title deeds, no mutation of name was effected and the donor continued to pay the house tax; it was held that the gift could not be said to be complete and valid as all the requirements of Muslim Law had not been fulfilled.

In the following cases delivery of possession is not necessary: it is presumed in favour of the donee.

  1. No delivery of possession is required in the case of a gift by father to his minor child or by a guardian to his ward. All that is necessary is to establish a bona fide intention to give. The guardian referred to above is the guardian of the property of a minor.

    Therefore, when father is the guardian of the property of his minor son, no transfer of possession is necessary. Similarly no change of possession is necessary in the case of a gift by grandfather to his minor grandson if the father is dead. But if the father is alive and has not been deprived of his rights and powers as guardian, there must be a delivery of possession by the grandfather to the father as guardian of his minor sons, otherwise the gift is not complete. As the mother is not the guardian of the property or her minor son, there must be delivery of possession to the legal guardian of her son.
     
  2. No delivery of possession is required in the case of a gift by a husband to the wife and vice versa, whether the property is used by them for their joint residence, or is let out to tenants in this connection the observation of Sir M. Sausee, C.J. in Amina Bibi v. Khatija Bibi, (1864), 1 BHCR 157 are very pertinent. His Lordship said:
    The relation of husband and his legal right to reside with her and to manage her property rebut the inference which in the case of parties standing in a different relation, would arise from continued residence in the house after the making of gift.

    In Ma Mi v. Kallender Ammal, (1926) 54 I.A. 22, the gift was by husband to the wife and mutation of names was effected. Their Lordships of the Judicial Committee said, It must, therefore, be taken that mutation was effected by Moideen (husband) himself, and in the case of a gift of immovable property by a Mohammedan husband to his wife, once mutation of names has been proved, the natural presumption arising from the relation of husband's and wife existing between them is that the husband's subsequent acts with reference to the property were done on his wife's behalf and not on his own. But no mutation of name is necessary, if the deed of gifts declares that husband delivered possession to the wife, and the deed is handed over to her and retained by her. (Mohammad Sadiq v. Fakhr Jahan Begum, 1932 A.L.J. 663).
     
  3. No delivery of possession is necessary where property gifted is incapable of physical possession.


Modes of delivery of possession

  1. As regards movable property the gift is not complete unless the property has been actually delivered.
     
  2. In the case of immovable property;
    1. Where the donor is in possession, a gift is not complete unless the donor physically departs from the premises with all his goods and chattels and the donee formally enters into possession.
    2. Where the property is in occupation of the tenants a request by the donor to the tenants to attorney to the donee or by delivery of the title deed or by mutation in Revenue Register.
    3. Where the donor and donee both reside in the property in such a case no physical departure of formal entry is necessary. In this case the gift may be completed by some overt act by the donor indicating a clear intention on his part to transfer possession and to divert himself of all control over the subject of the gift. (Shaik Ibrahim v. Shaik Suleman, (1884) 9 Bom. 146).
       
  3. In the case of gift of immovable property by husband to wife, it is not necessary for the husband to depart even temporarily provided it can be inferred from the surrounding circumstances that he had real and bona fide intention to make a gift.
     
  4. In the case of gift by the father or other guardian to a minor or a lunatic, the declaration of gift is sufficient to change the possession of the father or other guardian on his own account into possession on the minor's account.
     
  5. Where the subject-matter of a gift consists of shares in Zamindari villages and parcels of land in the case of which physical possession is impossible the gift may be completed by mutation of names and transfer of rents and incomes arising out from the property. Actual possession is not necessary where the property gifted is not capable of being possessed physically.
     
  6. In the case of incorporeal property and actionable claims, the gift may be complete by an act on the part of the donor showing a clear intention on his part to divert himself in property and to confer it upon the donee.
     
  7. Where the subject of gift is already in possession of the donee as bailee the gift may be completed by declaration and acceptance without formal delivery of possession.


Gift in future

A gift cannot be made of any property to be performed in future nor can it be made to take effect at any future period. The rule is based on the principle that the object of the gift must be in existence at the time of the gift.

Contingent gifts

A gift made to make effect on the happening of a contingency is void.

Gifts with a condition

When a gift is made subject to a condition which destroys the effect of the gift, the condition is void and the gift will take effect as if no conditions were attached to it.

Illustrations

  1. A makes a gift of a house to B on condition that he shall not sell it, or that he shall sell it to a particular individual, or that B shall give some part of it in iwaz or exchange. The condition is void, and B takes an absolute interest in the house.
     
  2. A makes a gift of certain property to B. It is provided by the deed of gift that B shall not transfer the property. The restraint against alienation is void, and B takes the property absolutely.
    Gifts to unborn persons

A gift made to a person not in existence at the date of the gift is not valid. Even when the gift to an unborn person is made through a trust the gift is not valid. The only way in which a disposition may be made to an unborn person is that by way of wake.

Gift of a life estate (Umra)

A umra or life grant is nothing but a gift with a condition. The donee gets an absolute interest in the property and the condition is invalid.

Gift of an undivided share (Mushaa)

A mushaa is an undivided share in the property either movable or immovable. A valid gift may make of an undivided share in property which is not capable of division. A gift of an undivided share in the property which is capable of division is irregular, but not void. The gift being irregular it may be perfected and rendered valid by subsequent partition and delivery to the donee of the share given to him.

Under the Shia Law gift of a Mushaa is valid even though the property is capable of division. Mushaa - The word ‘mushaa' has been defined by Baillie as ‘an undivided part' or share, a common building or land.

The general rule is laid down in the Hedaya: ‘A gift of a part of a thing which is capable of division is not valid unless the said part is divided off and separated from the property of donor; but a gift of an indivisible thing is valid. Thus the property in which the donor has an undivided share, may be (a) incapable of partition; or (b) capable of partition.

Incapable of Partition: When the property in which the donor has an undivided share is capable of partition the gift is valid. For instance, A who owns a house makes a gift to B of the house and of the right to use a staircase used by him jointly with the owner of an adjoining house; the gift is valid since a staircase is incapable of division.

Capable of Partition: When the property in which the donor has an undivided share is capable of partition, the gift is irregular, but not void. Such a gift may be perfected and rendered valid by subsequent partition and delivery to the donee of the share given to him.

Exceptions

A gift of an undivided share (Mushaa), though it be a share in property capable of division, is valid from the moment of gift, even if the share is not divided off an delivered, in the following cases:

  1. Where the gift is made by the one co-heir to another;
  2. Where the gift is of a share in a Zamindari or Taluka
  3. Where the gift is of a share in freehold property in a large commercial town;
  4. Where the gift is of a share in a land company.
  5. Periodical payments in the nature of life grants.

The High Court of

Allahabad in Ahmedi Begum v. Abdul Aziz

(1927) 49 All. 503 threw upon a device to get over the doctrine of Mushaa, when it held that though a valid gift could not be made of an undivided share in property which was capable of division, the difficulty might be overcome by the donor selling the undivided share at a fixed price to the person to whom the gift was intended to be made, and then releasing that person from payment of the debt representing the price.

In

Muhammad Mumtaz v. Zubaida Jan

, (1889) 16 I.A. 205 their Lordships of the Privy Council remarked:
The doctrine relating to the invalidity of gift of Mushaa is wholly unadapted to a progressive state of society and ought to be confined within the strictest rules.

Shafei and Shia Laws:

Under Shafei and Shia Laws a gift of an undivided share in property whether capable of division or not, is valid. The Shias only insist that the portion of the property gifted must be indicated with definiteness and certainty.

Revocation of gift

A gift can be revoked before delivery of possession because before delivery of possession a gift is not complete. There is a conflict of opinion between the different schools of Muslim. Law as regards the power of donor to revoke as simple gift.

Hanafi Law

Gift may be revoked by the donor at any time before delivery of possession. It may be revoked after the delivery of possession if a decree of a civil court cancelling the gift is obtained.

In the following cases a gift cannot be revoked after the possession has been delivered to the donee:

  1. When the gift is made by a husband to his wife and vice versa.
     
  2. When the donee is related to the donor within the prohibited degrees.
     
  3. When the donee is dead, and the subject-matter of the gift has devolved on the donee's heirs.
     
  4. When the subject of the gift;
    1. has passed out of the possession of the donee by gift, sale, or otherwise;
    2. has been lost or destroyed;
    3. has increased in value, whatever be the cause of in-crease and the increment is such as is inseparable from the subject itself;
    4. has been so changed that it cannot be identified for instance when wheat is converted into flour by grinding.
       
  5. When the donor has received something in exchange (Iwaz), for instance a gift by a lady in present with consideration that the maintenance expenses during her life-time and her funeral expenses after death would be met by the donee.


Shafei and Maliki Laws

Under the Shafei and the Maliki Laws, in the absence of any coercion or want of understanding, a gift is irrevocable, whether the delivery of possession has taken place or not. Parents have the power to revoke a gift made in favour of their children except in the following cases:

  1. When the subject of the gift has changed its original form or has disappeared in toto or in part, or has been sold or ex-changed;
  2. When the donee's marriage has taken place in consideration of the thing given; and
  3. When the donee is dead and the property has passed to his heirs.


Shia Law

The Shia Law differs from the Hanafi Law in the cases enumerated below:

  1. A gift to any blood relation, where within, the prohibited degree or not, is irrevocable after the delivery of possession.
  2. A gift by a husband to his wife and vice versa is revocable;
  3. A gift may be revoked by mere declaration on the part of the donor without any proceedings in Court.

Sadaquah is a gift made with the object of acquiring religious merit. Like Hiba, it is not valid unless accompanied by delivery of possession; nor is it valid if it consists of an undivided share in property capable of division. But unlike Hiba Sadaquah once completed by delivery, is not revocable, nor is it invalid if made to two or more persons all of whom are poor.

A Sadaquah can be distinguished from the waqf in the point that in case of a Sadaquah, the corpus may be consumed; while in case of waqf, the income only canbe spent.

Gulam Ali v. Sultan Khan

, (1967) A.I.R. Ori. 55.

Hiba-bil-iwaz: It literally means a gift for next change. It is of two kinds, namely:

  1. The hiba-bil-iwaz:

    The true hiba-bil-iwaz consists of two acts, namely (a) hiba, and (b) iwaz not stipulated for at the time of the hiba. Thus, if A without having stipulated for a return makes a gift of his house to B and B in consideration of the house, without having promised it, subsequently makes a gift of Rs.10,000 to A, saying that it is the iwaz or return for the gift of the house, and delivers the said amount to A, the transaction is a true hiba-bil-iwaz. and neither party can revoke it.
     
  2. Hiba-bil-iwaz as followed in India Hiba-bil-iwaz followed in India consists of only one act, the iwaz or exchange being involved in the contract of gift as its direct consideration. Thus if in the above illustration

    A says to B that he (A) has given his house, to him (B) in consideration of his paying him (A). Rs.10,000

    the transaction will be a hiba-bil-iwaz of India.

In fact, the hiba-bil-iwaz of India was introduced here by Muslim lawyers in India as a device for effecting a gift of Mushaa in property capable of division. The transaction is in reality a sale and has all the incidents and conditions of a sale. So, possession is not essential to com-plete the transfer as it is in the case of a hiba, and an undivided share (Mushaa) in property capable of division may be lawfully transferred by it.

There are two conditions necessary for the validity of the transaction, namely

  1. Actual payment of consideration on the part of the donee and
  2. A bona fide intention on the part of the donor to divest himself in praesenti of the property and to confer it upon the donee.


Hiba-ba-shart-ul-iwaz: It is a gift made with a stipulation for a return. To make the gift valid, it is essential that it should be accompanied by deliveryof possession. Like hiba, the gift is also revocable under certain circumstances. But the gift becomes irrevocable on delivery by the donee of the iwaz (return) to the donor.

Areeat: The grant of a licence resumable at the grantor's option to take and enjoy the usufruct of a thing is called the ‘Areeat'. It is a temporary licence to enjoy the profits so long as the grantor pleases and is not a transfer of ownership as in the case of hiba.

Marz-ul-maut:

The most accepted definition of Marz-ul-maut or death-illness is that it is one which, it is highly probable, will end fatally. (Baillie). Sir D.F. Mulla defines it an illness which includes apprehension of death in the near future, in the person concerned and which actually results in his death. An illness constitutes marz-ul-mau, if there is:

  1. the proximate danger to death, so that there is a pre-ponderance of apprehension of death;
  2. some degree of subjective apprehension of death in the mind of the sick person ;
  3. some external indicia, chief among which would be inability to attend to ordinary avocations.


WAKF
Wakf means detention or stoppage. A is a muslim having some property, suppose A dies the property goes to son, grandson, great grandson and their legal heirs, without an extinction of family it is given to the poor people. Immediately dedicated to God that is to poor, orphans, widows. Wakif, the maker of the wakf owner of the property.

Registration: Immovable property worth more than Rs. 100, then registration then its known as ‘wakfnama'. The transfer must be between two living persons (i.e. intervivos). There is no unending period. Wakif has no right to cancel or to modify or revoke the wakf.

Illegal Wakf To delay or defeat creditors.

If the wakif is having debt on his property. Musalman wakf validating Act, 1913 explain this Abdul Fata Mohammed v. Russomoy Two muslim brothers makes wakf deed when there is total extinction of the family then only the property goes to the people. Privy council held that the deed charity begins at home. Muslims agitate this decision. If a Muslim makes a wakf deed for his family that is a valid wakf. That wakf is called wakf - alal - aulad which means family wakf.

Mutawalli

Manager or Superindent of the Wakf property. He is not the owner of the property. He is only the servent of the God.
Powers To protect and administer the Wakf property: He is not having power to sell, lease or mortgage the Wakf property. Wakif himself may a mutawalli, a non- Muslim may also be appointed as mutawalli. Wakif issues may also be called as mutawalli.

Remove of Mutawali: Once mutawalli is appointed, Wakif has no power to remove him from office. He may be removed by court on the proof of misconduct. He has no power to transfer the office to another. He may appoint agents.

Remuneration: Remuneration is fixed by the founder (i.e., discretion of the founder). Suppose he didn't fix the court will fix the amount not exceeding 1/10 th of the property.

Takia:

Meaning of Takia is resting place or Tombor burial ground.

Kanka:

Means religious institution founded by Holyman. He had some disciples. Sajjadanashin

  1. He is the head of the Kanka.
  2. Divide the words in to two Sajjada and nashin.
    Sajjada means carpet used by Mohammedan for prayer Nashin is sitting. Meaning is one who sits in prayer mat.
  3. He is a religious teacher.
  4. A female cannot be a Sajjadanashin.
  5. The court may remove him for misconduct.
  6. A minor cannot be Sajjadanashin.


Mujawar:

Mujawar meant servant of Muslim mosque.
Duty of Mujawar is sweeping the floor and keeping the Dharga clean. A female may be a Mujawar.

Kazi Meaning of Kazi is Judge. S.92 of C.P.C. defines what's their work, powers, discretions and procedures to be followed.

Award Winning Article Is Written By: Mr.Mohd Aqib Aslam

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Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

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There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

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Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

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The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

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