• Waqf

Telangana Waqf Board has failed to protect a property of immense value , the custodian of the property have executed illegal sale deeds , the fact is admitted by Waqf Board . The Board has not done anything to get the sale deeds cancelled . I as a concerned citizen and also a beneficiary of waqf can I file a suit for cancellation of the sale deeds or do I need to approach high court seeking permission . ?
Asked 2 years ago in Civil Law

7 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

File writ petition in HC to direct wakf board to take  legal proceedings to set aside  illegal sale deeds as no action has been taken by Wakf board 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

all non-government bodies that are substantially financed by the government are covered under the law,

2)Education institutes and hospitals run by trusts using government-subsidised land will be covered since the land given to them by the government is indirect substantial financing, The SC  held “…if a land in a city is given free of cost or on heavy discount to hospitals, educational institutions or such other body, this in itself could also be substantial financing”. 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Under  Section 51 of Waqf Act such transfer is void as beneficiary you are entitle to directly file a suit, no need to seek any permission you are the affected party as beneficiary under Section 6.

When they are taking charity from public they are answerable to their benefactors and amenable to rti.  

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

First you should make correspondence, later, you may approach high court or civil court for cancellation of sale deeds which are illegal documents

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Dear Sir, 

Yes you can file for cancellation of the sale deed, however depending on the merit of your case the court will order whether the deed is to be cancelled or not. 

The charitable minority educational society will only come under the ambit of RTI if it is aided by the government, if not, they can withhold information. RTI has been made applicable to 'aided institutions' as they will be considered as public authorities. You can refer to the case of Mar Dionysius College & Ors v. The State Information Commission [W.A. No. 1857 of 2011] to check if it is applicable in your case. 

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

Since you are not the owner and there  is no physical loss happened to you by the so called illegal sale of wakf properties, you cannot approach court or any forum seeking to cancel the sale deeds alleged to have been executed illegally.

You first obtain the information through RTI act about all such malpractices or illegal acts.

Then you can inform the wakf board in writing about the illegality and irregularities that have taken place in respect of the proprieties owned by wakf with evidences and request them to take necessary legal action to retrieve the properties.

If the wakf board is not showing any interest or if there is no response from their side, you may approach high court with a PIL in the interest of the society you belong and pray for action t retrieve the properties lost by wakf board which is body instituted for the welfare and protection of the members of the board including the properties that come under the board. 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

The charitable public trust  are also subjected to furnish information asked through RTI act. 

Any charitable institution should have no secrets and should be open to public for all purposes, including its finances.

Therefore, Charitable Institutions, executing any kind of public activity and substantially funded by or receipt of any kind of benefits shall be covered under the ambit of the RTI Act, 2005

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

- As per Section 3 of the Indian Trusts Act , a beneficiary can approach the court against the illegal acts of Waqf. 

- Hence, if your are a beneficiary , then you can file a suit for declaration before the court , otherwise it is the duty of waqf to file the same. 

- Yes , it come under the RTI act. 

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

Yes, you are righteous to file a civil suit for cancellation of sale deed. You may also approach High Court with writ of mandamus seeking directions against dormancy of waqf board. You can also prefer an application to the Waqf Board stating to take necessary actions failing which you can apply to the Waqf Tribunal u/s.83 of the Act. 

As you haven't taken any recourse yet it's good time to initiate with a legal notice to those who purchased & sold the waqf property in personal capacity and prefer an application before Waqf Board u/s.36 of the Act stating that before such sale transaction no permission from the Board was sought. 

 

Pooja Ashar
Advocate, Ahmedabad
215 Answers
4 Consultations

5.0 on 5.0

Yes charitable institutes fall into RTI however confidential information won't be shared with you as those don't fall into the ambit of government offices.

Pooja Ashar
Advocate, Ahmedabad
215 Answers
4 Consultations

5.0 on 5.0

Ask a Lawyer

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