'Wakfs are trusts'. Explain? Advise on applicability of Indian Trust Act on Wakfs.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2017
'Wakfs are trusts'. Explain? Advise on applicability of Indian Trust Act on Wakfs.

Answer & Explanation:

There is a difference between Muslim Wakfs and Trusts. The basic difference is that Wakf properties are dedicated to God and the 'Wakif' or dedicator, does not retain any title over the Wakf properties. As far as Trusts are concerned, the properties are not vested in God. Some of the objects of such Trusts are for running charitable organisations such as hospitals, shelter homes, orphanages and charitable dispensaries, which acts, though recognized as pious, do not divest the author of the Trust from the title of the properties in the Trust, unless he relinquishes such title in favour of the Trust or the Trustees. At times, the dividing line between Public Trusts and Wakfs may be thin, but the main factor always is that while Wakf properties vest in God Almighty, the Trust properties do not vest in God and the trustees in terms of Deed of Trust are entitled to deal with the same for the benefit of the Trust and its beneficiaries. Though wakfs are trusts, the Indian Trusts Act does not apply to wakfs under the Muslim Law. However, it is open to a Muslim to create a secular trust of a public and religious character. Such a trust would be governed by the Indian Trusts Act, 1882.

Topics: Trust Law

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