The Wakfs Act 1954, 29 of 1954, (Rep., Act 43 of 1995) · IV — REGISTRATION OF WAKFS

Section 27. Decision if a property is wakf property

Repealed or not in force · As amended up to 2026-08

(5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (Act V of 1908) for the signing and verification of pleadings. , (6) The Board may require the applicant to supply any further particulars or information that it may consider necessary. (8) In the case of wakfs created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of wakfs created . after such commencement, within three" months from the date of the creation of the wakf. - 26. Register of wakfs.—The Board shall maintain a register of wakfs wHch shall contain in respect of each wakf copies of the wakf deeds, when available and the following particulars, namely:— (a) the class of the wakf; (b) the name of the mutawalli; SEC. 1] THE GAZETTE OF INDIA EXTRAORDINABY (c) the rule of succession to the office of mutawalli under t[the wakf deed][ or by][ custom][ or by][ usage;] (d) particulars of all wakf properties and all title deeds and documents relating thereto; (e) particulars of the scheme of administration and the scheme of expenditure at the time of registration; (f) such other particulars as may be prescribed. 27. Decision if a property is wakf property.— (1) The Board may itself collect information regarding any property which it has reason, to believe to be wakf property and if any question arises whether a> particular property is wakf property or not or whether a wakf is ai Sunni wakf or a Shia wakf, it may, after making such inquiry as it may deem fit, decide the question. (3) An application for registration shall be made in such formana manner and at such place as the Board may prescribe and shsHk contain the following particulars, so far as possible— (a) a description of the wakf properties sufficient for theidentification thereof; (b) the gross annual income from such properties; (c) the amount of land revenue and cesses, and of all ratesand taxes annually payable in respect of the wakf properties; (d) an estimate of the expenses annually incurred in the realisation of the income of the wakf properties; (e) the amount set apart under the wakf for— (i) the salary of the mutawalli and allowances toindividuals; (ii) purely religious purposes; (iii) charitable purposes; and (iu) any other purposes; (f) any other particulars prescribed by the Board. (4) Every such application shall be accompanied by a copy of the wakf deed or if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the wakf. (7) On receipt of an application for registration, the Board may, before the registration of the wakf, make such inquiries as it thinks fit in respect of the genuineness and validity of the application and the correctness of any particulars therein and when the application is made by any person other than the person administering the wakf property, the Board shall, before registering the wakf, give notice of the application to the person administering the wakf property and shall hear him if he desires to be heard. (2) Application for registration shall be made by the mutawaHi: Provided that such applications may be made by the wakif or his descendants or a beneficiary of the wakf or any Muslim belonging to the sect to which the wakf belongs. THE GAZETTE OF INDIA EXTRAORDINARY [PART II CHAPTER IV REGISTRATION OF WAKFS '25. Registration. — (1) Every wakf whether created before or after the commencement of this Act shall be registered at the office of the Board. (2) The decision of the Board on any question under sub-section (1) shall, unless revoked or modified by a civil court of competent jurisdiction, be final,

Source: India Code