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Registration of the property is stated under section 36 of the Waqf Act, 1995, which says, “(1) Every waqf, whether created before or after the commencement of Waqf Act, 1995 shall be registered at the office of the Board.
(2) Application for registration shall be made by the mutawalli:
Provided that such applications may be made by the waqf or his descendants or a beneficiary of the waqf or any Muslim belonging to the sect to which the waqf belongs.

(3) An Application for registration shall be made in such form and manner and at such place as the Board may by regulation provide and shall contain following particulars.-
(a) a description of the wakf properties sufficient for identification thereof;
(b) the gross annual income from such properties;
(c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the waqf properties;
(d) an estimate of the expenses annually incurred in the realisation to the income of the waqf properties;
(e) the amount set apart under the waqf for-
(i) the salary of the mutawalli and allowances to the individuals;
(ii) purely religious purposes;
(iii) charitable purposes;and
(iv) any other purposes;
(f) any other particulars provided by the Board by regulations.

(4) Every such application shall be accompanied by a copy of the waqf deed or if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the waqf.

(5) Every application made under sub section (2) shall be signed and verified by the applicant in the manner provided in the code of civil procedure,1908 (5 of 1908) for the signing and verification of pleadings.

(6) The Board may require the applicant to supply any further particulars or information the it may consider necessary.

(7) On receipt of an application for registration, the Board may, before the registration of the waqf make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the waqf property, the Board shall, before registering the waqf, give notice of the application to the person administering the waqf property and shall hear him if he desires to be heard.

(8) In the case of auqaf created before the commencement of wakf act, every application for registration shall be made, within three months from such commencement and in the case of auqafcreated after such commencement, within three months from the date of the creation of the waqf:
Provided that where there is not Board at the time of creation of a wakf, such application will be made within three months from the date of establishment of the Board.

Section 41 of the Waqf Act, 1995, says that, “The Board may direct a mutawalli to apply for the registration of a waqf, or to supply any information regarding a waqf or may itself cause the waqf to be registered or may at any time amend the register of auqaf.”

Reference:

2021002320210006263

LAWAYZ-2023-529