Deed of Wakf for Public Purposes
This Deed of Wakf for public purposes is executed at____, this___ day of_____, 20___, by ABC, an adult Indian, aged about___ years, occ:-business, r/o__________________________, hereinafter for the sake of brevity, referred to as the “Wakif”.
WHEREAS, the “Wakif” is an Indian Muslim, practising and professing Islam of the Sunni School of Mahomedan law.
AND WHEREAS, the “Wakif” herein is desirous of creating a Wakf for public purposes out his self-earned properties, both moveable and immoveable, (more particularly described in the Schedule of Property appended hereto) he is executing the instant Deed of Wakf as set out herein below:-
NOW THIS DEED OF WAKF FOR PUBLIC PURPOSES WITNESSETH AS FOLLOWS:-
1] The “Wakif” herein divests himself of the ownership rights, title, interest and other claims upon the properties described in the Schedule below (hereinafter, for the sake of brevity, referred to as the “Wakf Properties”) and vests the same by way of wakf in the Almighty for charitable, religious and pious purposes as recognised by the Mahomedan law, which inter-alia include the following.—
(a) To distribute alms to physically disabled, infirm and aged persons without any means of livelihood on every Friday at such place/places as the Mutawalli may deem fit and proper. However, the money spent on such alms shall not be less than Rs____/- and shall not exceed Rs_____/-;
(b) To provide for the higher education of poor and meritorious students from the Sunni Sect of Muslim community by providing them yearly scholarships, book support and technical equipments. However, the money spent on such educational support shall not exceed Rs______/ (Rs___________________ only) per year. In case, the above referred yearly provision cannot effectively achieve the objects of Wakf, the Mutawalli for the time being in office, shall be entitled to apply to the Wakf Board of___________ State for a suitable increase;
(c) To open a hostel for the poor and meritorious students from the Sunni Sect of Muslim community in the building known as_________________, more particularly described in the Schedule of Property and to provide free accommodation to
minimum____ and maximum______ students every year, subject to availability of resources;
(d) To provide free medical aid, medicines and surgical apparatus to poor and needy patients from the Sunni Sect of Muslim community within the yearly outlay of Rs_____/- (Rs____________________ only); However, the Mutawalli for the time being in office, shall be entitled to apply for and obtain orders from the Wakf Board of__________ state for a suitable increase in the annual outlay having regard to the inflationary trends and the financial status of the instant Wakf;
(e) To help poor and deserving aged persons to go on the holy Hajj Pilgrimage by providing them monetary support subject to the availability of resources;
(f) To perform such other acts, deeds and things which are recognised as pious, religious and charitable by the Mahomedan Law.
2] The “Wakif” herein dedicates the “Wakf Properties” permanently and absolutely so that they may vest in the Almighty. The “Wakif”, herein transfers possession of the “Wakf Properties” to the Mutawalli for performing the duties and obligations of the instant Wakf. The Mutawalli shall be the Manager of the “Wakf Properties” and he shall perform his duties and obligations to the best of his ability and conscience.
3] The “Wakif” herein shall be the first Mutawalli and he shall remain so for the remainder of his natural life. The “Wakif” herein, nominates his close friend Mr.__________________, an adult Indian, Sunni Muslim, r/o_______________________ as the Mutawalli who shall enter upon the office of Mutawalli after the demise of the “Wakif” herein as well during his temporary absence for more than ____ months. After the demise or retirement of Mr.____________________, his eldest surviving son shall succeed to the office of Mutawalli. The “Wakif” herein reserves the right of selection/appointment of the successor Mutawalli of Mr.____________________, if he is unable/unwilling to accept or continue in the said office. However, after the demise of “Wakif” herein, Mr.____________________________ shall have the right to select and appoint his successor Mutawalli from amongst his lineal descendants, both male and female. However, in making such appointment preference shall be given to the eldest male lineal descendant of __________, subject to fitness and integrity.
4] If the office of the Mutawalli falls vacant due to retirement or death of the incumbent without selection/appointment of the successor having been made in that regard, the Wakf Board for the state of_____________ shall be competent to appoint a proper and fit person belonging to the Sunni school of Islamic faith to be the successor Mutawalli after hearing the concerned parties.
5] The Mutawalli for the time being in office, shall have all the powers which are necessary for the effective performance of the duties and obligations of the office of Mutawalli and he shall be entitled to appoint proper and fit persons to act as the agents, servants, employees, officers or nominees of the said Wakf and he shall further be entitled to delegate any of his powers and duties to any proper and fit person, subject to his general supervision and control.
6] The “Wakf Properties” are conservatively valued at Rs________/- (Rs________________________ only).
7] The Mutawalli shall not have the power to sell, mortgage, transfer, alienate, gift, partition or demise the “Wakf Properties” or any part thereof. However, in case of just legal necessity and for the benefit of the Wakf and the “Wakf Properties” the Mutawalli for the time being in office, subject to previous sanction of the Board of Wakf for the state of__________ may sell, mortgage, transfer, alienate, charge, partition or demise such properties or any part thereof. However, the money realised from such sale, mortgage, transfer, alienation, charge, partition or lease shall be invested prudently and the same shall form part of the “Wakf Properties”.
8] The Mutawalli succeeding the “Wakif” and his successors shall normally hold the office for lifetime. However, he/she may opt to retire from the office of the Mutawalli by nominating his/her successor beforehand. A Mutawalli who is adjudged insolvent, rendered insane or who has committed any offence involving moral turpitude may be removed from the office by the Wakf Board for the state of_____. Moreover, a Mutawalli who has incurred any other disqualification under section 64 of the Waqf Act, 1995 may forfeit his/her office in accordance with the procedure laid down under the said Act.
9] The Mutawalli shall always endeavour to preserve and protect the “Wakf Properties” and strive to augment the income thereof in conformity with the objects laid down under this Wakf Deed and in doing so he shall always be guided by the tenets of Mahomedan Law as well as the provisions of the Waqf Act, 1995. The Mutawalli for the time being in office, in the interest of the Wakf and the “Wakf Properties”, shall be entitled to apply to the Wakf Board for the state of__________ or to institute, defend or contest any suit, application, appeal or like proceedings before any court, tribunal or competent authority in India.
10] The Mutawalli shall be entitled to defray all the reasonable expenses incurred in the management, preservation and protection of the “Wakf Properties” and the Wakf from the funds of the said Wakf and in doing so he shall be guided by the noble tenets of Mahomedan Law in general and the provisions of the Waqf Act, 1995, in particular. Moreover, the Mutawalli, shall be entitled to reimburse himself for the reasonable expenses incurred in conveyance, hotel accommodation, food/entertainment to guests etc. from the funds of the said Waqf.
11] The Mutawalli for the time being in office, shall be entitled to draw a remuneration equivalent to 2% of the net income derived from the “Wakf Properties” or Rs______/- (Rs_____________________ only) per annum, whichever is more. The net income means such income which is left after defraying all the expenses incurred in the preservation, protection and management of the Wakf and “Wakf Properties”, including the general expenses reimbursed to the Mutawalli as determined by the Statutory Auditor. If any dispute or doubt arises over the remuneration payable to the Mutawalli, it shall be settled by the Wakf Board for the state of___________, whose decision in that regard shall be final and binding on the parties.
12] The Mutawalli for the time being in office, in furtherance of the charitable, religious and pious objects of the Wakf, may accept donations, grants or endowments, in cash or kind from individuals, associations, societies or corporate bodies and shall be entitled to give proper discharge therefor. However, in doing so the Mutawalli shall be guided by the tenets of the Mahomedan Law in general and the provisions of the Waqf Act, 1995, in particular.
SCHEDULE OF PROPERTIES
IN WITNESS WHEREOF, ABC, the “Wakif” herein has set and subscribed his hand to this writing on the day, month and year first hereinabove written.
Signed, sealed & delivered by
ABC, the withinnamed “Wakif”
In the presence of following