Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Wakf male lineal descendant Appointment of Mutawalli |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Wakf – Appointment of Mutawalli – A wakf was created in respect of certain properties by a registered deed of wakf – This deed appointed one person as Mutawalli of the wakf estates – Deed also provided that the office of the Mutawalli would devolve to ‘putro poutradi krome’ of the original Mutawalli – On the death of the original Mutawalli, his eldest son was appointed as the next Mutawalli – Eldest son of the original Mutawalli had six sons and nine daughters – After the death of the eldest son of the original Mutawalli, ‘SBA’ was authorised to act as Mutawalli – ‘SBA’ was the son of the eldest son of the original Mutawalli – ‘SBA’ did not have any male issue – Thereafter, ‘SBA’ executed a trust deed and appointed his wife ‘NK’ as the next Mutawalli after his death – After the death of ‘SBA’, ‘NK’ applied to the Board of wakfs for appointment as Mutawalli – Her application was allowed by the Commissioner of wakfs – Respondent No.1, grandson of the eldest son of the original Mutawalli and nephew of the last Mutawalli (‘SBA’) objected her appointed and alleged that her appointment went against the original wakf deed – Held: In light of the pronouncements of the Supreme Court and High Court Judgments and also authoritative texts on Mohammedan law, it is clear that the Mutawalli does not have a general power to assign or transfer his office to another person, unless he is given such powers by the wakf deed itself – In the instant case, the wakf deed did not give the Mutawalli any such power to select another person as the future Mutawalli on his demise, by creating a trust deed or any other instrument to that effect – In the absence of such an authorization, the transfer of the office of Mutawalli by ‘SBA’ by way of a trust deed in favour of his wife, clearly went beyond the purview of his powers and the settled principles of Mohammedan law – Also, reading and interpreting the term ‘putro poutradi krome’ lends support to the view that it means son and grandson, generation after generation and therefore does not include any female descendants – Here, given that ‘NK’ was the wife of the last Mutawalli and not direct descendent in the family, she was not entitled to the Mutawalli – The nephew of the last Mutawalli, Respondent No. 1 herein is a male lineal descendant of the original Mutawalli, and is therefore entitled to hold the office of Mutawalli as per the wakf deed. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2019 INSC 1086 |
Petitioner | Syeda Nazira Khatoon (d) By Lr. |
Respondent | Syed Zahiruddin Ahmed Baghdadi & Ors. |
SCR | [2019] 12 S.C.R. 711 |
Judgement Date | 2019-09-26 |
Case Number | 4045 |
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