• I am contracted to puchase 2 acres from a small village Mosque

I am contracted to purchase some unwanted land of a small village mosque, the village mosque has made an application to the WAQF, sadly this has been drawn out not because of the WAQF board but by the government cultural affairs department not submitting the application.
since entering the contract i have changed lawyers and my new lawyer informed me today that if the land you wish to purchase was gifted to the mosque and they can not sell under any circumstances.
i would be very grateful on any advise as i have been unable to confirm this from documents available on the internet.
Asked 1 month ago in Property Law from Sri Lanka
Religion: Christian
Well, title on proeprty can always be based upon thorough scrutiny of the all the relevant title deeds which is absent in your case.
So it is best suited to you if you show all the papers to a lawyer of your choice who can alone guide you the same.
However I must say that there is no weight or value on the advice of your Sawyer who suggests that mosque can sell the land as it is the Waqf board and not the mosque which is authorised to approve a sale of waqf property. 
Devajyoti Barman
Advocate, Kolkata
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No, Wakf Properties cannot be ordinarily sold, gifted, exchanged, leased or Mortgaged by Trustees without prior approval of Wakf Board

2) Section 36-A of the Wakf Act invalidates transfer of immovable property of a wakf without obtaining previous sanction of the Board
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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Madras High Court
A.M.S. Mohamed Housuf vs Tamil Nadu Wakf Board By Its ... on 3 December, 1997
Equivalent citations: (1998) 2 MLJ 78
Author: E Padmanaban44. 

In terms of the provisions of the Wakf Act, the sale deed Ex.A-1 is void and there is no escape. Section 36-A of the Wakf Act, 1954 declares that notwithstanding anything contained in the Wakf deed, any sale or hypothecation of immovable property, which is Wakf property shall be void, unless it is effected with prior sanction of the Board.
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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Once land has been gifted to wakf by donor property vests  in the donee ie mosque 

2) his consent or submissions of letter to wakf  board would  not determine whether permission would  be granted by wakf board 

3) application for sale has to be made by the wakf 

4)  Sub-section (2) of Section 36-A enables the Wakf Board to sanction alienation or hypothecation of Wakf properties if such transaction is necessary or beneficial to the Wakf or consistent with the objects of the Wakf and the consideration thereof is reasonable and adequate, besides it has been further prescribed that the sale of any property sanctioned by the Wakf Board shall be subject to confirmation by the Board within such time as may be prescribed.
Ajay Sethi
Advocate, Mumbai
23386 Answers
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Hi
Once the Donor has gifted the land, it is true that the WAQF board cannot sell the land allocated for building a mosque generally. 

However if there is already a mosque(fully functional mosque with prayers being held all through the year) and you are only acquiring the nearby unused land for a specified purpose (without any detriment to the devotees or the functioning of mosque) , then the WAQF board can sell the property to you at market rates subject to 2/3rd of its board members approving the sale of the property.

In your case, the WAQF should also display the notice of sale in the notice board of the Mosque for a period of 1 month and invite objections from public and should public have any grievance, resolve to address the grievance. 

So legally and technically WAQF board can clear the sale of land to you subject to 
a) 2/3rd of board members expressing  their consent in writing for sale of the property and 
b) The sale should be at Market rates as defined by the Government (Sub Registrar office) and 
c) Display of intention of sale being made at Mosque and grievances if any being addressed. 

Hope this information is useful.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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1. The Mosque property is governed by the WAQF Board and with the permission of WAQ Board, you can buy the property.

2. After the land has been gifted to the Mosque through an unconditional gift, the executor of the gift deed has no say on the further use of the said gifted land including its sale.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. The executor of the said gift deed has no right, title and interest on the said land gifted by him and can not authorise/advise/request/stop the Mosque in dealing with the said property.

2. It is the WAQF Board who has the right to grant permission for the sale of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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since entering the contract i have changed lawyers and my new lawyer informed me today that if the land you wish to purchase was gifted to the mosque and they can not sell under any circumstances.
i would be very grateful on any advise as i have been unable to confirm this from documents available on the internet.

Most of the properties that are under the control and custody of the religious institutions cross the country may not have proper documents and such institutions would b in absolute possession and enjoyment of the property from time known without possessing proper title documents an gradually they may become absolute owners by way of adverse possession too. 
Thus looking or searching for such legal title documents may not fetch you any fruit  because you will not get one how much ever you may put your efforts.
Therefore you may adopt the steps which is practically possible and feasible.. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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 I realise it is the WAQF board that grants the mosque permission to sell the land the question is 
The fact it was gifted to the mosque and now the person whom gifted it has written a letter to say they may sell it, that letter being submitted to the WAQF board, what i have been advised that a gifted land can not be sold or does the WAQF have the power to make exemptions.

Even as per you if the land was gifted by somebody to the mosque, whether it is coming under the purview of Wakf board or not, the mosque authorities have no power to sell or alienate the property o  third person without court permission. 
The wakf board cannot grant permission for selling of the properties that belong to mosque, they are the administrative controllers of the mosque an not competent authority to grant permission for disposal of the properties that belong to mosque, hence permission from court may become essential. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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