Frequently Asked Questions [FAQ]

1. What is meant by Wakf ?

When any Muslim permanently dedicate his movable or immovable property in the name of Allah for pious, charitable or religious purpose such dedication is called Wakf and such property is called Wakf Property. The definition of Wakf includes “Wakf by user” (Masjid, Dargah, Kabrastan etc.), Service Inam Land granted as “Mashrutul Khidmat”, as well as Wakf Al-al-Aulad.

2. What Institutions are included under the definition of Wakf ?

In general all the Masjid, Dargahs, Kabrastans, Ashoorkhanas, Idgahs, Khankhas, Chillas, Imambadas, etc. which are used by general public (Muslims) are in variably included under the definition of Wakf Institution. The Masjid, Dargah, Kabrastan which have been traditionally under use from a time immemorial are covered under the definition of “Wakf by user”. Wakf also include charitable institute like Madarsa, Hospitals, Orphanage, School etc created out of Wakf funds or properties.

3. Does the Charity Commissioner has jurisdiction over Muslim Trusts ?

Now Charity Commissioner has no jurisdiction to Register and decide any issue of Muslim Wakfs or Collect fund or taxes etc after 1-1-1996. No. Muslim Trust / Wakf should approach Charity Commissioner Office, nor they are suppose to pay any Taxes to them. All the issues of Wakfs will now be decided by Wakf Board.

4. What is Wakf Act. 1995 intended for ?

The Wakf Act, 1995 governs Wakf Institutions and includes the provisions relating to Wakf Properties, their protection management, prevention of illegal alienation removal of encroachment etc. also provides for the schemes and rules for management, appointment or removal of Trustees, Mutawalli etc. Act has come into force from 1-1-1996 throughout the India except Jammu & Kashmir.

5. Is it necessary to Register the Institution in Wakf Board ?

Yes, it is mandatory to Register each and every Wakf Institution under section 36 of the Wakf Act, 1995 with Wakf Board. Failure to Register the Institution Wakf Board may disqualify Trustees or Mutawalli or may cause dissolution of Managing Committee.

6. Is it necessary to Register Institutions under Wakf Act, 1995 if it is already Registered with Charity Commissioner ?

The Institutions which are already registered with Charity Commissioner are deemed to be Registered as Wakf. They are considered Registered for the legal purpose, but such Institutions need to be registered afresh under section 36 of the Wakf Act, 1995 in order to get new Registration No. of Wakf Board and update the properties and Management.

7. What are the advantages and benefits of Registration ?

Registration accord legal status to the Institution, such as Registered Wakf can file suit for protection of their rights, properties etc. no one can oust them from their properties or no one can prohibit them from performing duties, rites as per the object of their Wakf / Turst. Registered Institution is entitled to get all legal protection and benefit of Schemes of Wakf Board, Central Wakf Council or Government if any. The illegal occupants can be removed fast with the help of Wakf Board etc. The Trustees of Registered Wakf get a status of Public Servant.

8. What is the procedure for Registration ?

Applicant has to fill up prescribed application form, Format is given on Website and enclose all related documents as required. Fees for deemed Registration is Rs. 400/-, for the general Registration is Rs. 500/- and for Urgent Rs. 1000/-, which is to be paid after compliance of application queries. Average period required for Registration ranges from 3 days to 30 days depending upon compliance of queries and submission of documents.

9. What are the documents required for Registration ?

Following documents are required for Registration :-

  1. Property Card / C.T.S.Card, or 7/12 Extract, Namuna No. 8 of Gram Panchayat or property card from Nagar Palika or Certificate from Gram Panchayat or Municipal Council whichever is applicable.
  2. Sale Deed or Lease Deed or any such deed of the property.
  3. Wakf Deed / Scheme of the Wakf.
  4. Area and boundaries of the Wakf Institution / properties.
  5. If land is “Inam” 7/12 Extract, Inam Patrak, Muntakhab or Sanad.
  6. Document relating to properties e.g. Houses, Rooms, Shops etc.

10. Is it true that the Wakf Institution looses ownership of their properties after Registration and it goes to the Wakf Board ?

No it is not true. The ownership of the properties always lies with the Institution or Trust. Wakf Board only regulates the functioning of the Institution as per Law and it prohibit Mutawalli or Trustees from misuse of fund, properties or illegal sale or alienation of Wakf Properties etc.

11. What is remedy if the Mutawalli or Trustees misuse the powers or trust fund ?

The Wakf Board has powers to remove the Mutawalli or Trustees or dissolve the Managing Committee if it is proved that such Mutawalli or Managing Committee has misused fund or powers. But some one has to file application to the Wakf Board giving details of charges.

12. What are the taxes to be paid by Wakfs to the Wakf Board ?

Wakf Institution has to pay 2 to 7% Tax on their net annual income to the Wakf Board for the services rendered by the Board depending upon net income. This amount can be reduced by the Board in case of financial problem or necessities of Wakf. This is a Service Tax called Wakf Fund, which is used by Board for rendering services to Wakf institutions and community.

13. When should Wakf Institution file Budget & Accounts to the Wakf Board ?

Every Wakf Institution has to file annual Budget & Accounts of Receipts and Expenditure before 1st May in the prescribed form to the Wakf Board.

14. Why should Institution pay Wakf Fund to the Board?

The Wakf Board did not receive any Grants from Government as on date, therefore, Board has to generate its own income to pay the Salaries of Staff, Imam, Moazins, Court cases misc expenses etc. The Board keep watch on the management, regulate their activities, sanction their Change Report, issue various No Objection Certificates, give guarantee for Loan, remove encroachers or illegal occupants of their properties etc. In lieu of these services, Board takes Wakf Fund. The funds which are balance with the Board after expenses are used for the welfare activities of Muslim community, such as scholarship to the students, aid to divorcees, development of properties etc.

15. What will happen if Trustee do not apply for Registration or do not submit Budget, Accounts or pay Wakf Fund ?

Failure to comply these things may bring Trustees in deed trouble. They can be imprisoned for 6 months or may be fined and Board may appoint new Adhoc Committee in their place.

16. Can Board remove illegal occupants, tenants or encroachers from properties of Wakf ?

Yes, Chief Executive Officer Wakf Board can remove illegal occupants or tenants who are not paying proper dues under section 54 of Wakf Act. This can be done faster compared to proceedings in Courts. There is only one appeal against such order. There are cases where encroachments are removed within 6 months. There is no limitation law applicable for Wakf.

17. Can Wakf Properties be sold, exchanged, or leased by Trustees ?

No, Wakf Properties cannot be ordinarily sold, gifted, exchanged, leased or Mortgaged by Trustees without prior approval of Wakf Board. Wakf Properties can be lease by Trustees for less than one year, but no Wakf property can be leased for more than 3 years.

18. Where are the Offices of Wakf Board ?

The Head Quarter of Wakf Board is at Aurangabad. Presently there are no Regional or District Offices / facilitation centers will be opened at Mumbai, Nagpur, Pune. Shortly regular camps are held at Pune and Nagpur.

19. What is status of Charity Commissioner’s Orders of change report etc. passed before coming to Wakf Board ?

Generally the orders passed by Charity Commissioner are maintained unless any dispute is raised and matter is heard and decided on merit.