Musalman wakf validating act 1930

plaintiffs 1 to 5 for the removal of the defendant from muthavalliship of the madrasa ismail at melacauvery, kumbakonam, to settle a scheme for the proper administration of the wakf created by one ismailsa rowther by a document dated 20th april, 1927, to direct the defendant to render accounts and to recover possession of the ..... 3 of the mussalman wakf validating act, 1913, under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any of his family or descendants.'under sec.3(1) of act 42 of 1923, the mutavalli of a wakf governed by the act was required to furnish a statement .....it is well known that that act was passed in order to validate certain wakfs, which, according to the decision of the privy council, in particular, the decision in abdul fata mohamed ishak v. wakf alal aulad and it would be a wakf only to the extent to which ..... trial court that the respondents did not belong to the family of the appellant is certainly correct.charitable, and for the proper administration and discharge of the responsibility the wakf board has been given such a power.(47) the decision in : air1965mad121 , does not in my opinion contain anything to invalidate my view that the deed in this case, ex. 3(1)(iii) of act 29 of 1954.(48) since the deed is a ..... it is also clear that no provision could have been made for the descendants of the respondents under section 3(a) of the mussalman wakf validating act of 1913.the fact that the settlor appointed his wife as his successor to the tauliyat or invested her ..... Reported in : AIR1914Bom109(2); (1914)16BOMLR977 ..... it is argued that the effect of that act is retrospective and that all deeds of wakfs hitherto created which might be declared void and of no effect, if brought before the courts, are now made good, and .....into force on the day it received the assent of the governor general in council.a question arose as to whether the court while exercising power under section 10 can proceed to look into the question as to whether any property which is denied to be a waqf property can be investigated and looked into so as to ..... this decision caused lot of protest and dissatisfaction amongst the muslim communities in india since the said decision in particular paralyzed the power of muslims to make a settlement in favour of family, children and descendants or what is known as waqf-alal-aulad.consequently, the matter was represented by the indian .....

now, there are certain well-known principles of mahomedan law about the powers of the wakif (dedicator.) they are stated thus:the wakif (dedicator) may, at the time of dedication reserve to himself the power to alter the beneficiaries either by adding to their number or ..... charitable, but does not include any wakf, such as is described in s.religious, pious, or charitable, but does not include any waqf, such as, described in section 3 of the mussalman waqf validating act, 1913 (act no.vi/1913) under which any benefit is for the time being claimable for himself by the person by whom the waqf was created or by any of his family or descendants. professing the mussalman faith to create a wakf which in all other respects ..... the marginal note to the section to the effect ' exemption of wakf-alal-aulad ' confines it to a particular class of wakf.is in accordance with the provisions of the mussalman law, for the following among ..... the body of the section deals with wakf referred to in section 3 of the mussalman wakf validating act, 1913 (hereinafter to be referred to as ' the validating act'), section 3 of that act runs thus: '3.

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