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september 2019

Supreme Court of India · 2019-09-26

MD.ABRAR vs MEGHALAYA BOARD OF WAKF .

Citation / case number
SC 2009/11038
Court
Supreme Court of India
Petitioner
MD.ABRAR
Respondent
MEGHALAYA BOARD OF WAKF .
Author
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
Bench
HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

Judgment text excerpt

The Supreme Court upheld the dismissal of Md. Taiyab's application for appointment as mutawalli, confirming the High Court's ruling that he lacked standing as he did not belong to the waqif's family line. The Court emphasized that under the waqf deed executed on 9.11.1936, the surviving mutawalli was required to nominate a successor from the family line, which was not adhered to by either Md. Sulaiman or Kammu Mia. The Court also noted the procedural requirement of notice to the Wakf Board under Section 56 of the Wakfs Act, 1954, which was not fulfilled, leading to the dismissal of Taiyab's suit.

MD.ABRAR vs MEGHALAYA BOARD OF WAKF . · Niyam