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Anonymous (managing director)     20 April 2015

Pious and wakf alal aulad

Sir,

 the Muthavalli ,and the benficiary of pious and wakf alal alud is Mr.S.D.A.Khader residing at 394/ 13, Palani road, Udumalpet, 642154,Tirupur Dist ,for the below lands which breakdown is provided for your ready reference and perusal.1. Parent document number 1-576-427-430-961/1934 – 60 acres Above document was registered vide Tamil Nadu Wakf board under Hazarath Imam Jaffar Wakf (Wakf ID number TN120122).Date of Gazette notification G.S.No 415, Waqf registration date 15.7.1963 Census 2011 Area code 3361505781804030 Location  udumalaipettai.                                                                                                                2. Parent document number 1-333-54-55-834/1911 – 7.69 acres  Above document was registered vide Tamil Nadu Wakf board under Latheefunnisa Bee Bee Hazarath Rasool Sallallahu Aliyhi Wasallam Asari Sheriff and Mecca and Medina Sabeel Wakf (Wakf ID number TN120604)Date of Gazette notification G.S No.447 Waqf registration date 19.4.1911.Census 2011 Area code 3361505781804030.             

 

As per the proforma given by the wakf board the above wakf is pious and wakf alal aulad.

The beneficiary is SDA Khader  and the wakf deed says do fathia and prayers during Ramzan month from the income of above land and spent money to maintain the land and balance to the benificiary.

the muthavalli has 2 sons and six daughters.

during 2010  vide registered doc  he has made settlement to 2 sons leaving daughters nil.

he has not taken permission from the wakf board or from the court.

my question is is the transaction  valid .

 

                                                                                                                                 



 2 Replies

Lawyer   01 May 2026

The 2010 registered settlement made by the Mutawalli in favour of only his 2 sons, excluding 6 daughters, is most likely void for the following reasons:

No Wakf Board permission: Under Section 51 of the Wakf Act 1995, any alienation of Wakf property without prior Wakf Board sanction is void.

Mutawalli is not the owner: He is only a manager/trustee and cannot settle Wakf property as if it were his personal asset.

Daughters are legitimate beneficiaries: In a Wakf Alal Aulad, all lineal descendants have a vested right and cannot be excluded by a private deed.

No court permission obtained: Further invalidates the transaction.

The daughters can:

Challenge the deed before the Wakf Tribunal (Section 83, Wakf Act 1995)

Complain to the Tamil Nadu Wakf Board for suo motu action

The settlement has no legal sanctity and is liable to be set aside.

Yes, this constitutes fraud. The Mutawalli deliberately excluded legitimate beneficiaries (daughters) and alienated Wakf property without legal authority, which amounts to fraudulent misappropriation of Wakf assets.

Criminal Lawyer   01 May 2026

From the internal data, I see that the registration department has cancelled the document in the year 2019 vide order number 303/2019. The inspector general of registration department has declared that S.D.A Khader & both sons (Syed Dewan Fakrudin batcha , Syed Dewan Fareeduddin Batcha) have fraudulently registered the properties


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