Upgrad LLM

Mussalman Wakf Act,1923


Act No : 42

Section : Definitions.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context,-- (a) "benefit" does not include any benefit which a mutwalli is entitled to claim solely by reason of his being such mutwalli; (b) "Court" means the Court of the District Judge or, within the limits of the ordinary original civil jurisdiction of a High Court, such Court, subordinate to the High Court, as the State Government may, by notification in the Official Gazette, designate in this behalf; (c) "mutwalli" means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a Court of competent jurisdiction to be the mutwalli of a wakf, and includes a naib-mutwalli or other person appointed by a mutwalli to perform the duties of the mutwalli, and, save as otherwise provided in this Act, any person who is for the time being administering any wakf property; (d) "prescribed" means prescribed by rules made under this Act; and (e) "wakf" means the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognised by the Mussalman law as religious, pious or charitable, but does not include any wakf, such as is described in section 3 of the Mussalman Wakf Validating Act, 1913 (6 of 1913), under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any of his family or descendants. Statements of Particulars


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