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MUSSALMAN WAKF VALIDATING ACT 1913

[7th March, 1913].

1. Short title and extent.-(1) This Act may be called the Mussalman Wakf Validating Act, 1913.

(2) It extends to the whole of India except 2*[the territories which, immediately before the 1st November, 1956, were comprised in Part B States].

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,

(1) "Wakf" means the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognized by the Mussalman law as religious, pious or charitable.

(2) "Hanafi Mussalman" means a follower of the Mussalman faith who conforms to the tenets and doctrines of the Hanafi school of Mussalman law.

3. Power of Mussalmans to create certain wokfs.- It shall be lawful for any person professing the Mussalman faith to create a wakf which in all other respects is in accordance --------------------------------------------------------------------- 1 This Act has been declared to be in force in the Sonthal Parganas by Notification under s. 3 of the Sonthal Parganas Settlement Regulation (3 of 1872), see B. & O. Gazette, 1914, Pt. II, p. 413. Extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1.7.1965) by reg. 6 of 1963, s.2 and Sch. I. It has been applied to wakfs created before its commencement, see the Mussalman Wakf Validating Act, 1930 (32 of 1930), s. 2. 2 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States". 80 with the provisions of Mussalman law, for the following among other purposes:- (a) for the maintenance and support wholly or partially of his family, children or descendants, and (b) where the person creating a wakf is a Hanafi Mussalman, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman law as a religious, pious or charitable purpose of a permanent character.

etc. 4. Wakfs not to be invalid by reason of remoteness of benefit to poor, etc.-No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf.

5. Saving of local and sectarian custom.-Nothing in this Act shall affect any custom or usage whether local or prevalent among Mussalmans of any particular class or sect.