All You Need To Know About Wakf Board

The Madras High Court recently ordered that Tamil Nadu set up within three months a three-member Wakf Tribunal to hear legal issues concerning the properties and other assets of Wakf Board in the state. This order followed a public interest litigation filed in this regard, quoting the Supreme Court's December 2015 order directing all state governments to constitute three-member Wakf tribunals within four months.

But what is the Wakf Board and what does it do? Why is it important and what are its responsibilities? PropGuide brings a primer on things you need to know about the Wakf Board.

The term

According to the Wakf Act, 1954, wakf means “the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim Law as religious, pious, or charitable." The term stands for the retention of a specific thing in the ownership of Waqf and the devoting of its profit or products in charity of the poor or other good objects.

The board

The Wakf Board is a statutory body that was established in 1954 for the proper maintenance and use of Islamic buildings, institutions and lands in India. The body is headed by a chairperson, with maximum 20 other people as members. These members are appointed by the government at the Centre. At present, the chairperson of the board is Nazma Heptulla, the Minister in the Ministry of Minority Affairs. There are state wakf boards, too.

What can be a wakf?

A wakf may include both movable and immovable properties. It may include company shares, accessories of immovable properties, books or money.

The subject of the Wakf must be in the ownership of the dedicator.  One cannot dedicate someone else's property.

The dedication in such an arrangement is permanent.

A wakf can only be created by a Muslim and the person must have attained the age of majority according to the Indian Majority Act and should be of sound mind.

The creation

Although the Muslim law does not prescribe any specific way of creating a wakf, it is usually created in the following ways: 

By a living person: When a person declares his dedication of his property, it amounts to wakf.  This can also be done while the person is on death bed. However, in such cases, the person cannot dedicate more than a third of his property for Wakf.

By will:  A person can dedicate his or her property by making a will.

By usage: When a property has been in use for charitable or religious purposes for an indefinite period, it is deemed to belong to wakf. No declaration is necessary for such properties to be listed under wakf.

The types

A wakf can be classified into two types: public and private. While a public wakf is for general charitable purposes, a private wakf is for the property owner's descendants. According to the Wakf Validating Act, 1913, one can create a private wakf for one's descendants, provided the ultimate benefits are reserved for charity.

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