Wakf registration
abdul salam
(Querist) 04 September 2014
This query is : Resolved
A Mosque was registered to wakf board without the knowledge of Muthavalli, its Committee members and the area JAMAATH by fraudulently obtaining the mosque registration copy from Registerer office and cheating the entire jamaath and mahalla by x.
The local JAMAATH had shared the cost of purchase of land (around 4000 sft) and the entire construction of the Mosque . First the mosque was started by the thatched roof in 01/01/1993 and it took 10 years to complete the ground floor and again 10 years to complete the 1st floor. The work of first floor was completed in January 2014. At the end of January,2014 (29/01/2014) a notice was found in the notice board saying the Mosque has been registered to Wakf board with registration number ….. and dt…..jan.2014.The entire JAMAATH was shocked and decided to challenge this in the tribunal . One of the committee members has used the tool of RTI ACT to find out the person behind it. He has received the RTI reply in july 2014. Due to RAMZAN, the issue was taken up in AUGUST committee meeting. With the support of the entire JAMAATH the MUTHUVALLI has suspended the person (the acting Secretary who had registered the mosque to wakf board ) for 6 months for his misdeeds and mismanagement and it was found that he had wantedly and wilfully failed to give the accounts of the mosque to the committee for the last 5 years. To avoid the submission of the accounts to the committee, he registered the mosque to wakf board and told that he had already submitted the accounts to wakf board. The mosque has no regular income except the chandaa given by the mahalla people. On many occasions the salary to IMAM , MOVSAN and other staff were not given due to shortage of chanda collection. The water and electricity charges were also not paid. The income and expenditure statement, mosque construction collection FUND and expenditure details were yet to be submitted to the committee. He has WANTEDLY avoided conducting the monthly committee meetings years together. When A MOMIN rose a question against him in the JUMMAH jamaath, he used to send goondas to his house or shop to attack them and their kith and kins. A police case is pending against him under section 307 of attempt to murder. He and his sons are creating fear in the minds of mahalla people. The MUTHUVALLI of MOSQUE is afraid to give a police complaint against him. He has broken the notice board to tear his suspension order and did not allow the other acting secretary to function in the MOSQUE. He has not handed over the the MOSQUE RECORDS such as receipt books, cheque book, expenses statment, and minutes book etc,.He is creating LAW AND ORDER proplem.The Muthuvalli is helpless.
Our question is how a WAKF BOARD can register a mosque unilatererly without asking the MUTHUVALLI/COMMITTEE AND THE JAMAATH. Who can challenge and how to challenge the order in the wakf tribunal. What is the procedure to do so. Are there any chances and if so what are the options available to cancel the registration. Who is the best LAWYER IN Chennai to help us. What are the ways available to MUTHUVALLI to take action against the suspended secretary who refuses to hand over the mask documents such as checkbook, receipt book, minutes book, some registers etc. What the mahalla jamaath has to do now. Please guide us step by step to solve our proplems. Your legal expert opinion is most useful to us at this juncture.
We will be very grateful to your Legal Experts for their timely help.
Thanking you ,
salam
Raj Kumar Makkad
(Expert) 04 September 2014
Fist of all, a FIR is required to be lodged against such erring suspended secretary and thereafter a civil suit is required to be filed against him for the return of all the material of mosque lying with him and thirdly you all need to pass a resolution to the effect that the proceeding of the registration has been made illegally without authority by an individual person just to grab the money lying with him and so you all want to deregister the same from the board and such resolution should be sent to the board and you all shall get the desired relief failing which file an appeal thereto.
Sudhir Kumar, Advocate
(Expert) 05 September 2014
agreeing with Mr Makkar I would add that it appears you people have not contacted Wakf Board.
ajay sethi
(Expert) 05 September 2014
agree with Mr makkad
Raj Kumar Makkad
(Expert) 05 September 2014
Thanks for the experts agreeing with my reply.
