Law:

Section:

(a) Mussalman Wakf Validating Act (VI of 1913)--- ----S. 3---Muslim Wakf---Purport---Words "which in all other respects is in accordance with the provisions of Mussalman law" occurring in S.3, Mussalman Wakf Validating Act, 1913 do not refer to the law of inheritance but the law of wakfs as governed by Islamic law---Section 3(a), Mussalman Wakf Validating Act, 1913 allows a wakf by a Muslim for the maintenance and support wholly or partially of his family, children or descendants, and expression "family children and descendants" appearing in S.3(a) of the Act, does not mean the family or children or descendants as a class but means only some persons of a particular class---Under Islamic law a valid wakf can be created in favour only of some members of the family or some of the children or descendants, whether males or females and to the exclusion of others. Keramat Ali v. Muhammad Yunus Haji PLD 1963 SC 191; Mst. Ghulam Bibi v. Sarsa Khan PLD 1985 SC 345; Mst. Zudeda Begum v. Wali Muhammad Khan 1974 SCMR 181; Syed Ali Asghar v. Creators (Builders) 2001 SCMR 279; Ghulam Nabi v. Sardar Nazir Ahmad 1985 SCMR 824; Abdul Hameed v. Muhammad Mohiyuuddin Siddique Raja PLD 1997 SC 730; Mst. Mubarak Jan v. Taj Begum's case AIR 1938 Lah. 452; 125 IC 33 and AIR 1928 All. 516 ref. (b) Mussalman Wakf Validating Act (VI of 1913)--- ----Ss. 2, 3 & 4---Wakf---Wakf-ul-aulad---"Aulad" in its meaning and import is not limited to the immediate offspring i.e. the children but can, with reference to its context, extend to descendants---Provisions of Mussalman Wakf Validating Act, 1913, more particularly sections 2, 3 and 4 of the Act are permissive in nature and permit a Muslim to create a waqf wherein the benefit and management of the property vests in the family/children and descendants of the Wakf till the extinction of the line of descendant, whereafter, the Wakf property may be used for charitable purposes, such is clear from the tenor of S.4 of the Act---When clear wording of the Wakf deed leads to an irresistible conclusion that upon the demise of the last mutawalli of the Wakf property,, the management of the said property would vest in a specified charitable institute…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492