SYEDA NAZIRA KHATOON (D) BY LR. vs SYED ZAHIRUDDIN AHMED BAGHDADI AND OTHERS

The Supreme Court upheld the decision of the Wakf Tribunal, affirming that the appointment of a mutawalli must adhere to the stipulations of the original wakf deed, which mandates that only male lineal descendants can be appointed. The Court ruled that Nazira Khatoon’s appointment as mutawalli based on a trust deed was invalid as it contravened the provisions of the original wakf deed dated 07.02.1913. Consequently, the Court dismissed the appeal, reinforcing the principle that the terms of the wakf deed take precedence in matters of succession.