Law:

Section:

Wakf---   ---Wakf-alal-aulad-Can be created Ar maintenance and support wholly or partially of family, children or descendants of wakif without allotment of any sum out of income for charitable purpose during their life-Ultimate benefit must be reserved for purpose recognized by Muslim Law though deferred till extinction of family's children and descendants of wakif-Mere provision for sum for public charities without specifying property thereto does not validate wakf to that extent-"Family"-Term comprehensive, may include persons not related to wakif or distant kindred who cannot be called descendants-"Heirs of children" to inherit wakif's property, (provision in wakfnama)-Wakfnama, held, invalid as heirs may include not members of family nor children nor des cendants-Mussalman Wakf Validating Act (VI of 1913). JUGDMENT   HASAN, J.-In this appeal a deed of wakf is in question. It appears that one Syed Abul Jabbar executed a deed of wakf which has been marked as Exh. A, on the 21st October 1949 in respect of the property in dispute and thereafter he died on the 3rd October 1961 (sic). By this document the wakf has been characterized as Wakf-alal-awlad and various provisions have been made for management of the wakf properties and distribution of the assets.   2. The plaintiffs, other than plaintiff No. 1 who is the widow, and the defendants 4 to 9 are the, daughters and the defendants 1 to 3 are the sons of the wakf. In the suit the plaintiffs have prayed for declaration that the wakf is void ab initio. This prayer for a declaration is opposed by the defendant No. 2 alone who is the second son by a pre deceased wife of the wakif and is the present Mutwalli under the deed after the death of the wakif, asserting that the Wakf nama is valid.   3, The trial Court has decreed the suit holding that though the wakf deed was executed by the wakif in respect of the whole properties, yet it is not valid as the ultimate gift to charity as provided by the wakf deed is more remote and illusory than what has been allowed by the provisions of the Wakf Validating Act and that Rs. 242 only, allocated for charity, is illusory etc. As…