AIR 2004 (NOC) 29 (ALL) ::2003 ALL. L. J. 2129 ::2003 A I H C 4452 ::(2003) 94 RevDec 478 ::2003 All CJ 2 1137 ::(2003) 3 All WC 1711

Allahabad High Court

Hon'ble Judge(s): V. M. Sahai, Mukteshwar Prasad , JJ

(A) U.P. Muslim Wakfs Act (16 of 1960) , S.19, S.48— Appointment as mutawalli - Execution of will by petitioner appointing his son as mutawalli - No waqf deed or order of Board giving petitioner powers to nominate his successor - Further office of mutawalli does not devolve upon heirs of deceased mutawalli by inheritance - Applicant cannot claim himself to be mutawalli by virtue of will. In the instant case the petitioner himself was not appointed Muttawalli by the Board and he had prayed for quashing the order appointing the respondent as Mutwalli of the Waqf. Even if it be assumed for the sake of argument that he was a Mutawalli, he had no right to execute a will appointing his son as Mutawalli. In the absence of any Waqf deed and the order of the Board appointing anybody a Mutawalli and giving him powers to nominate his successor also, nobody has a right to execute a will appointing his heir as a Mutawalli. The office of Mutawalli does not devolve upon heir of deceased Mutawalli by inheritance. Succession to the office of Mutawalli is regulated either by terms of the deed by which the Waqf was created or by the customary practice or traditions pertaining to the Waqf. The vacancy can also be supplied by an appointment of the successor Mutwalli by a statutory body (Waqf Board) created under a Central Act or State Act.(Para 7) ....