Law: Mussalman Wakf Validating Act, 1913

Section: 3

Law: Limitation Act, 1908

Section: FirstSchd,91

Mussalman Wakf Validating Act (VI of 1913), S. 3­Wafk valid even if entirely for maintenance of wakif and his family, provided, ultimate benefit reserved for poor etc. Provision in wakf for concurrent charities though no express provision for ultimate benefit to poor etc. Ultimate object assumed to be charitable-Doctrine of cy pres. Section 3 of the Mussalman Wakf Validating Act (VI of 1913) means that a Hanafi Muslim can create a wakf entirely for his own maintenance and support and for the maintenance and support of his family if only the ultimate benefit is reserved for the poor, etc. the reservation need not be express. According to section 3 the maintenance of family is one of the purposes "recognised by the Mussalman law as religious, pious or charitable". It is therefore not proper to ask whether the dominant intention was to preserve the family or the estate, because the law allows a wakf expressly for that purpose "among other purposes". What is proper to ask is whether there is an ultimate benefit to the poor or to other charitable objects. That is the only condition imposed on a family wakf. Where objects concurrently stated included provision for scholarships for indigent Muslims and for drinking water on the roadside, apart from maintenance of the wakf and his family, it was held that the ultimate benefit though not expressly reserved for a charitable purpose, was deducible impliedly from the concurrent objects by the application of the doctrine of cy pres. The Mussalman Wakf Validating Act (VI of 1913) is a concession to Muslim thought and no wakf need be avoided which indicates charity in the last resort. Ruqia Begam v. Suraj Mal A I R 1936 All. 404 and Muhammad Azam Khan v. Hamid Shah A I R 1947 All. 137 rel. Irfan Ali v. Bhagwant Kishore A I R 1929 All. 180, Masuda Khatun v. Muhammad Ebrahim A I R 1932 Cal. 93, Agha Ali Khan v. Altaf Hasan Khan (1892) 14 All. 429, Sheikh Ramzan v. Mst. Rahmani I L R (1932) 7 Luch. 300, Baqaullah Khan v. Ghulam Siddique Khan A I R 1935 All. 616, and Muhammad Ahsanullah Chowdhry v. Amarchand Kundu (1893) 17 1 A 28 ref. Abdul Mabud Khan v. T(awazish Ali Khan A I R 1925 Oudh 301 commented. (b) Limitation Act (IX of…

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