1) Wakf Properties cannot be ordinarily sold, gifted, exchanged, leased or Mortgaged by Trustees without prior approval of Wakf Board.

2) It is a settled law that any property, once a waqf is always waqf and it can neither be purchased, nor sold out, donated, mortgaged or even gifted to anyone.”

Property can be sold through a registered sale deed. But the property you own is on a lease therefore you are not the owner of the property. You would have to share the details of the property so that a proper advice may be given.

Wakf property can't be sold. if a mutawalli wants to sell, mortgage or exchange the Wakf properties, he must obtain prior permission of the court.

Waqf is a type of charitable endowment in Islamic law where the ownership of a property is transferred to Allah and the property is permanently dedicated for religious or charitable purposes.

Therefore your contention that you own a property leased out by wakf board itself is incorrect.

You are not having any rights to transfer the lease agreement to a third party as a tenant.

You first ascertain if the property comes under wakf board or not and then decide about further course of action as per law. 

You can cancel the earlier lease ifs still effective and execute a fresh lease for future as per your wish

Dear client,

In India, the process for selling or transferring a property with a lease involves several steps and considerations, especially when it comes to leasehold properties.

Understanding Leasehold Property Transfer:

Start by thoroughly reviewing the lease agreement to understand any clauses related to transfer or sale. Some leases might have restrictions or conditions regarding transfers. If the lease agreement requires it, seek consent from the lessor (the entity or individual who granted the lease) before transferring the lease or selling the property.

Process for Transfer or Sale:

Prepare all necessary documents including the original lease agreement, property documents, identification proofs, and any other required paperwork. If you’re selling the property, negotiate the terms of sale with the potential buyer. Ensure all terms are agreed upon and put in writing. Prepare a transfer deed or sale deed, depending on whether you’re transferring the lease or selling the property outright. This document should outline the details of the transaction. Execute the transfer deed and get it registered at the Sub-Registrar's office within the jurisdiction where the property is located. This step is crucial for legal validity. Once the documentation is in place, seek approval from the lessor or relevant authority if required by the lease terms.

Tips:

Conduct thorough due diligence on the property and lease terms before initiating the transfer or sale process. This includes checking for any outstanding dues, liabilities, or legal issues related to the property. Engage professionals like lawyers, real estate agents, or property consultants to guide you through the process. They can help ensure a smooth transaction and protect your interests. Maintain clear communication with all parties involved, including the buyer, lessor, legal representatives, and any other relevant stakeholders. Adhere to all legal and regulatory requirements throughout the process to avoid any complications or legal issues later on. If selling the property, hone your negotiation skills to secure a favorable deal while being fair and transparent.

You can reach out to us for further assistance

- As per law, any property, once a waqf is always waqf and it can neither be purchased, nor sold out, donated, mortgaged or even gifted to anyone.

- Hence, if the said property is purchased by your father after adopting legal procedure then you can sell the property without getting court permission.