Deed of Lease for Wakf Property created under Wakf Act 1995.

Format of Deed of Lease for Wakf for Public Purpose.

Property transferred under Wakf Act can be given on lease to generate income
to the Wakl. Deed of Wakf-alal-aulad is a type of deed
where a person donates any kind of property for Muslim charitable purposes. The
donated property/asset is held under the Charitable Trust. Mutawalli will be
appointed to a Wakf to look after the properties.

Sample format of Deed of Lease for wakf Property is given below:

 

DEED OF LEASE OF WAKF PROPERTY

This deed of lease is made on this _____ day of _____ 20__ between Md. _____
of _____ representing _____ Wakf (hereinafter referred to as the LESSOR) of the
one part

AND

_____ Limited, a company registered under the Companies Act 1956 and having
its Registered Office at (hereinafter referred to as the lessee) of the other
part.

Whereas by Deed of Wakf dated_____20__ Md. _____ dedicated his immovable
property being _____ for pious and religious purposes mentioned in the said
Deed.

And whereas the lessor has been appointed as the mutawalli under the said
Wakf Deed and the lessor is acting as such mutawalli and is managing and
administrating the said wakf property.

And whereas the lessor obtained permission from the Wakf Board for leasing
out three rooms on the ground floor of _____ facing the Street to the lessee at
a yearly rent of Rs. _____.

And whereas with the permission, sanction and approval of the Wakf Board the
lessor entered into an Agreement to Lease dated _____ for granting lease of the
said three rooms for a period of _____ years at a yearly rent of Rs. _____
payable in advance.

And whereas the lessee made enquiries and taken inspection of documents and
has satisfied itself about the power and authority of the lessor to lease out
the said three rooms to the lessee for the said period at the said rent.

And whereas the lessee hereby agrees that the lessoR has not and does not
give any warranty as to his title or power or authority or the validity of these
presents save and except that the Wakf Deed and the permission of the Wakf Board
are valid and genuine documents.

And whereas the parties have agreed to execute the Deed of Lease as
contemplated in the said Agreement to Lease dated _____20__.

Now these presents WITNESSETH and the parties hereby agree as follows:

1. In pursuance of the said Agreement to Lease and in consideration of the
rent hereby reserved and on the terms and conditions, covenants and agreements
herein contained and on the part of the lessee to be observed and performed the
LESSOR doth hereby demise unto the lessee all that the said three rooms each
measuring _____ sq. ft. situate on the ground floor of premises No _____ of
_____ facing West having frontage on the _____ to hold the said premises unto
the lessee for a term of 21 years commencing from _____ 20__5 but subject to
earlier determination as mentioned hereinafter.

2. The lessee shall pay by way of lessee rent a sum of Rs. _____ per year
payable in advance by _____ 20__ and thereafter within February each year.

3. The security deposit of Rs. _____ given by the lessee will be adjusted
towards the lease rent of the last year.

4. The lessee shall pay all present and future municipal rates, taxes, duties
and levies and other outgoings either statutory or otherwise payable to
Municipalities or other authorities in respect of the said leasehold premises.

5. The lessee shall keep the leasehold premises in good and tenantable
repairs but shall not carry out any additions or alterations to the said
premises without the written permission of the LESSOR.

6. The lessee shall not use the said premises for any unlawful purpose or
bring in the premises any inflammable or hazardous article or goods or store
them.

7. The lessee agree to use the said premises only for the purposes of
carrying on its business and in doing so undertakes not to create any nuisance
or undue annoyance to the neighbours.

8. If the lessee makes any default in payment of any yearly lease rent and
such default continues for more than three months or commits any breach of any
of the terms herein then the lessor would have the liberty to terminate the
lease and to re-enter the said premises.

9. The lessee shall not sub-lease or grant any leave or licence to any other
person, firm or company or create any charge or mortgage over the said leasehold
property without prior written consent of the LESSOR and the permission of the
Wakf Board.

10. The lessee shall make arrangement for separate Meters for waters,
electricity and gas at its own costs and any consent or permission, if required,
in this respect will be given by the lessor.

11. The lessee agrees and on enquiry has satisfied itself that all necessary
sanctions, permissions and No Objection Certificates have been obtained for the
purpose of leasing out the said premises and execution of these presents.

12. The lessee agrees to bear and pay the requisite Stamp Duty and the
Registration charges and other legal expenses in respect of the present Deed of
Lease.

In witness whereof the parties have executed these presents on the day, month
and year first above-written.

Signed and delivered by Md. _____ in the presence
of

Signature ________________

Signed, sealed and delivered by Mr __________
pursuant to Board Resolution dated _____ of _____ Limited

in the presence of

Signature_______________

1.

2.
 

The Wakf Act, 1995

Section 3(i) “Mutawalli”

(i) “mutawalli” means any person appointed, either verbally or under any deed or
instrument by which a wakf has been created, or by a competent authority, to be
the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by
virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin,
amin or other person appointed by a mutawalli to perform the duties of a
mutawalli and save as otherwise provided in this Act, any person, committee or
corporation for the time being managing or administering any wakf or wakf
property: Provided that no member of a committee or corporation shall be deemed
to be a mutawalli unless such member is an office bearer of such committee or
corporation.

Section 6. Disputes regarding wakfs

(1) If any question arises whether a particular property specified as wakf
property in the list of wakfs is wakf property or not or whether a wakf
specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli
of the wakf or any person interested therein may institute a suit in a Tribunal
for the decision of the question and the decision of the Tribunal in respect of
such matter shall be final:

Provided that no such suit shall be entertained by the Tribunal after the expiry
of one year from the date of the publication of the list of wakfs.

Explanation.-For the purposes of this section and section 7, the expression “any
person interested therein”, shall, in relation to any property specified as wakf
property in the list of wakfs published after the commencement of this Act,
shall include also every person who, though not interested in the wakf
concerned, is interested in such property and to whom a reasonable opportunity
had been afforded to represent his case by notice served on him in that behalf
during the course of the relevant inquiry under section 4.

(2) Notwithstanding anything contained in sub-section (1), no proceeding under
this Act in respect of any wakf shall be stayed by reason only of the pendency
of any such suit or of any appeal or other proceeding arising out of such suit.

(3) The Survey Commissioner shall not be made a party to any suit under
sub-section (1) and no suit, prosecution or other legal proceeding shall lie
against him in respect of anything which is in good faith done or intended to be
done in pursuance of this Act or any rules made thereunder.

(4) The list of wakfs shall, unless it is modified in pursuance of a decision or
the Tribunal under sub-section (1), be final and conclusive.

(5) On and from the commencement of this Act in a State, no suit or other legal
proceeding shall be instituted or commenced in a court in that State in relation
to any question referred to in sub-section (1).

 

Section 7 Power of Tribunal to determine disputes regarding wakfs

(1) If, after the commencement of this Act, any question arises, whether a
particular property specified as wakf property in a list of wakfs is wakf
property or not, or whether a wakf specified in such list is a Shia wakf or a
Sunni wakf, the Board or the mutawalli of the wakf, or any person interested
therein, may apply to the Tribunal having jurisdiction in relation to such
property, for the decision of the question and the decision of the Tribunal
thereon shall be final: Provided that-

(a) in the case of the list of wakfs relating to any part of the State and
published after the commencement of this Act no such application shall be
entertained after the expiry of one year from the date of publication of the
list of wakfs; and

(b) in the case of the list of wakfs relating to any part of the State and
published at any time within a period of one year immediately preceding the
commencement of this Act, such an application may be entertained by Tribunal
within the period of one year from such commencement: Provided further that
where any such question has been heard and finally decided by a civil court in a
suit instituted before such commencement, the Tribunal shall not re-open such
question.

(2) Except where the Tribunal has no jurisdiction by reason of the provisions of
sub-section (5), no proceeding under this section in respect of any wakf shall
be stayed by any court, tribunal or other authority by reason only of the
pendency of any suit, application or appeal or other proceeding arising out of
any such suit, application, appeal or other proceeding.

(3) The Chief Executive Officer shall not be made a party to any application
under sub-section (1).

(4) The list of wakfs and where any such list is modified in pursuance of a
decision of the Tribunal under sub-section (1), the list as so modified, shall
be final.

(5) The Tribunal shall not have jurisdiction to determine any matter which is
the subject-matter of any suit or proceeding instituted or commenced in a civil
court under sub-section (1) of section 6, before the commencement of this Act or
which is the subject-matter of any appeal from the decree passed before such
commencement in any such suit or proceeding or of any application for revision
or review arising out of such suit, proceeding or appeal, as the case may be.