• Confusing Waqf deed

Hello learned lawyers,
I have a property which comes to me from my mother who was the absolute owner of the property. She made a waqf deed for the said property.
The waqf deed in the beginning mentions "she dedicates 4 shops & three godowns"
Then towards the end it mentions "the mutawalli will have a control over 4 shops & three godowns & open land behind it"
At last the deed mentions the schedule of the property but "all the direction" are wrongly mentioned in it like it says North-Road to railway station while actually the road is on the east & like wise all the other directions are wrongly mentioned and cannot be corrected in by a single clockwise or anti clockwise rotation.

I wanted to know what actually will be considered as waqf? 
1. only the four shops & 3 godowns
2. Four shops & 3 godowns & the openland
3. Will a wrong schedule of the property have any adverse effect and make the waqf null and void legally.
Asked 7 years ago in Property Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

if the deed prescribes the description of the property correctly in the deed and the mother is owner of same then it can be considered as the valid even if the direction in the schedule is mentioned wrong, if the survey block number are mentioned correctly.

1. and 2. For this the recitals of the deed has to be seen as of it is made contradicting. if recitals all the property is given in that case land is also given.

3. No if the property is descried in the deed properly and intention and the property can be verified, further waqf deed it is for trust inalienable right therefore will not give you all the rights.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) Need to review while waqf deed than only we can guide you in correct direction.

2) check the schedule of the property and what is given as consideration.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Mere wrong description of boundary does not invalidate the sanctity of the waqf deed.

2. If the maker of the deed was the owner of the property and she made her intentions clear in the deed including proper description of the property to be dedicated to Waqf then mere wrong description of its boundary will not invalidate the deed.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

4 shops , godown abd open land would be considered as wakf property

2) merely because schedule contains incorrect directions would not make wakf null and void

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

These errors can be rectified by execution of a supplementary document called rectification deed. A rectification deed is a document executed between parties to correct mistakes.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. wrong directions in the schedule wont affect the wakf

2. the settlor has stated '4 shops and 3 godowns and LAND BEHIND IT'

3. above is sufficient to identify the open land which the settlor was referring to in the deed

4. wrong boundaries or directions in the schedule are inconsequential

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear,

1&2. four shops & 3 go downs & the open land, as she is the absolute owner, so

this is her right, how she prepared will.

3. No adverse effect, and not make this waqf null and void.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Dear Client,

If Intention of mother is unambiguous by the language of deed , than wrong detail of property will not make the deed invalid.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

She may be having properties in her possession which belonged to wakf board.

Waqf means a property dedicated to the society. It's a religious endowment in Islam, typically devoting a building or plot of land for Muslim religious or charitable purposes. It could be a madrassa, mosque, tomb or graveyard.

As per section 3 of the Wakf act, 1995, the beneficiary means: means a person or object for whose benefit a wakf is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law;

If there is an inconsistent details in the wakf deed, then you may get ti rectified by filing an addendum to it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer