Upgrad LLM

Mussalman Wakf Act,1923


Act No : 42

Section : Obligation to furnish particulars relating to wakf.

3. Obligation to furnish particulars relating to wakf. (1) Within six months from the commencement of this Act every mutwalli shall furnish to the Court within the local limits of whose jurisdiction the property of the wakf of which he is the mutwalli is situated or to any one of two more such Courts, a statement containing the following particulars, namely:-- (a) a description of the wakf property sufficient for the identification thereof; (b) the gross annual income from such property; (c) the gross amount of such income which has been collected during the five years preceding the date on which the 89 statement is furnished, or of the period which has elapsed since the creation of the wakf, whichever period is shorter; (d) the amount of the Government revenue and cesses, and of all rents, annually payable in respect of the wakf property; (e) an estimate of the expenses annually incurred in the realisation of the income of the wakf property, based on such details as are available of any such expenses incurred within the period to which the particulars under clause (c) relate; (f) the amount set apart under the wakf for-- (i) the salary of the mutwalli and allowances to individuals; (ii) purely religious purposes; (iii) charitable purposes; (iv) any other purposes; and (g) any other particulars which may be prescribed. (2) Every such statement shall be accompanied by a copy of the deed or instrument creating the wakf or, if no such deed or instrument has been executed or a copy thereof cannot be obtained shall contain full particulars, as far as they are known to the mutwalli, of the origin, nature and objects of the wakf. (3) Where-- (a) a wakf is created after the commencement of this Act, or (b) in the case of a wakf such as is described in section 3 of the Wakf Validating Act, 1913 (6 of 1913), the person creating the wakf or any member of his family or any of his descendants is at the commencement of this Act alive and entitled to claim any benefit thereunder, the statement referred to in sub-section (1) shall be furnished, in the case referred to in clause (a), within six months of the date on which the wakf is created or, if it has been created by a written document, of the date on which such document is executed, or, in the case referred to in clause (b), within six months of the date of the death of the person entitled to such benefit as aforesaid, or of the last survivor of any such persons, as the case may be. 90


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