private wakf charitable trust property
kahkashaan imtiaz
(Querist) 05 September 2014
This query is : Resolved
My father in law who is muthavali has taken permission from the wakf board to sell 3.02 acres out of 75 acres private wakf trust in 1990 . For beterment of family. To build shopping complex.during 1995 to 2010 he sold almost all the land and he has also not intemated the wakf boa rd nor deposited the money with the board.nor constructed shopping complex. Please advise what type of legal action to be taken. I have also taken rIght for information act with wakf board. (The reply no sale transaction)
M V Gupta
(Expert) 07 September 2014
What is ur locus stand in the matter? What is ur grievance? if the land is sold pursuant to the permission given by the Wakf Board, there should be sale deeds duly registered. You can take searches in the sub registrar's office to know the details of the sales made by him and take such action as u consider necessary to redress ur grievance.
anand
(Expert) 08 September 2014
various kind of legal action may be taken against your father in law:-
Criminal:-
cheating, we have to further check wether his offence will further fall under dishonest misappropriation of property u/s 403 or criminal breach of trust u/s 405 of IPC
CIvil:-
you can get the sale deed cancelled, suit for recovery etc.
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
I agree to the views of expert Mr. Anand, apart from misappropriation of funds, embezzlement, cheating, breach of trust, he may be booked for various offences.
M V Gupta
(Expert) 09 September 2014
The querist states that his father in law is a muthavali and took permission from the Wakf Board to sell part of the property and as such sale proceeds belong to him. If he has not used the proceeds for certain intended purposes for his family benefit, how does it constitute cheating? Perhaps the wakf board may penalize him for violating the permission conditions if the conditions stipulate that the permission is granted for a specified purpose. I have also raised the question of locus satndi of the quersit to make any grievance in the matter. I shall be obliged for being clarified on this issue by learned experts.
kahkashaan imtiaz
(Querist) 06 January 2017
We had filed a enquiry petition in wakf board on sale of 75 acres of wakf properties to third parties with docs of sale copies. In October 2015. The Wakf board called for enquiry the muthavali and petitioner in February 2016..The judgement was reserved in favour of petitioner. As on date the judgement copy is not given by the board on enquiry they said it is not yet signed as the chairman has resigned?
kahkashaan imtiaz
(Querist) 06 January 2017
We had filed a enquiry petition in wakf board on sale of 75 acres of wakf properties to third parties with docs of sale copies. In October 2015. The Wakf board called for enquiry the muthavali and petitioner in February 2016..The judgement was reserved in favour of petitioner. As on date the judgement copy is not given by the board on enquiry they said it is not yet signed as the chairman has resigned?
Rajendra K Goyal
(Expert) 06 January 2017
Full case file need to be referred. Discuss with local lawyer.
