Supreme Court of India · 1978-05-03
BIBI SADDIQA FATIMA vs SAIYED MOHAMMAD MAHMOOD HASAN
- Citation / case number
- SC 1968/60433
- Court
- Supreme Court of India
- Petitioner
- BIBI SADDIQA FATIMA
- Respondent
- SAIYED MOHAMMAD MAHMOOD HASAN
- Author
- N.L. UNTWALIA
- Bench
- N.L. UNTWALIA
Judgment text excerpt
The Supreme Court held that under Shia law, a waqf is irrevocable once possession is given to the beneficiaries or the Mutawalli, as per the principles governing waqf properties. The court clarified that the settler divests ownership upon creation of the waqf, and the property is considered transferred to the Mutawalli for the waqf's objectives. The court dismissed the plaintiff's appeal, affirming that the disputed property was waqf property managed by the Mutawalli, not owned by the plaintiff as a tenant.