Supreme Court · 2006 INSC 1024 · Decided 15 December 2006
Mohammed Khasim v. Mohammed Dastagir and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 1024 · [2006] SUPP. 10 S.C.R. 1157
- Case number
- CIVIL APPEAL No. 3023/2000
- Decided
- 15 December 2006
- Bench
- AR. LAKSHMANAN, ALTAMAS KABIR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
B Muslim law Wakf-Creation of-Held-permanent dedication of impugned properties in favour of God Almighty is necessary-Though objects of wakf C may initially be for benefit of wakf's family and other descendants, ultimate beneficiary has to be God-Other important test is inalienability of is extinguished and vests in God-Wakf is entitled to reserve power to alienate any portion of wakf properties, but for benefit of the wakf-Also, D it is not necessary to use term 'wakf in document in question-On facts, held impugned Deed of Trust did not create a wakf as executant had reserved
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