When you have a clear Title on the land how can wakf board take it over.. File a suit for permanent injunction against wakf board.
Can I sell Wakf land?
We bought a land 30 years ago from an individual. Now we want to selk that land. As per govt. records, the land is in our name. Mutation has been done in our name. But I am told that the land has come under Wakf 3 years ago. Now I am in a fix. I have been planning to sell the land since last few years. Now when I have actually decided to sell the land, this thing has come up. Can I still sell the land now? I am told that we can sell the land by power of attorney. Please advise.
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
1. All the waqf land vests with the jurisdiction and control of the waqf board only.
2. So without permission you can sell the proeprty nor create third party interest therein.
3.If you are interested you can apply for such permission from the waqf board which is granted but under stringent conditions.
Your self own property can sell as per your wish . Mutation of property is the recording in the revenue records the transfer of title of a property from one person to another. The mutation in the municipal records is for the purpose of payment of property taxes and it does not mean a legal title to the person to whom the property has been mutated.
Why do you believes that the property comes under wakf?
The Wakf property can be sold only after obtaining due permission by Wakf board from State Govt. If such permission for a particular land/property is obtained then the rates are decided by board in its meeting which generally remain at par with the ongoing collector rate of that particular place in the similarly situated properties.
A power of attorney is an authority given by one person to another, authorising him to act on his behalf. Immovable property can be legally transferred only by way of a deed of conveyance which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, 1908.
You cannot sellwakf land without prior consent of Wakf board
Sale of wakf property would be void
Where can I get the information whether the land has come under Waqf or not? I mean some say that it has come under Waqf while some say that it has not.
Asked 6 years ago
Yu can cause searches from the local Revenue authority where type of land is clearly mentioned.
You can check it at the tehsildar office or Patwari ( revenue record)
The ministry of minority's affairs have undertaken computerisation of Wakf records of each state
The details of Wakf properties would be available online in Wakf board website of your state
You can get the desired information from the State Waqf Board. I advise you to visit the office with all the details and get the required opinion. You can also consult a local lawyer.
regards
Documentary evidence is important for proving it as wakf land. HEAR SAY evidence is not considered .
Did you purchase the land vide a registered sale deed in your name?
If so, along with the mutation records, you are the absolutely owner, the claim by wakf board can be set aside.
You can file a suit for declaring your title to the property based on the reliable and substantial title documents in your name.
Where can I get the information whether the land has come under Waqf or not? I mean some say that it has come under Waqf while some say that it has not.
Until you dont get any confirmation in black and white dont be worried about it, the wakf board cannot acquire the property without giving you an eviction notice if the property really belonged to wakf board.