Succession To Mutawalliship By Descendant Through Female Line Not Barred: SC [Read Judgment]

Ashok Kini

29 Sept 2019 1:01 PM IST

  • Succession To Mutawalliship By Descendant Through Female Line Not Barred: SC [Read Judgment]

    "The intention of the waqif, as manifested either through the directions given in the waqf deed or the creation of a custom, is of paramount importance."

    The Supreme Court has held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship.The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi reiterated that in order to establish a claim of hereditary succession to mutawalli-ship, the intention of the waqif, as manifested either through the directions given in the waqf...

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