Board of Muslim Wakfs, Rajasthan v. Radha Kishan
(1979) 2 SCC 468 · Supreme Court of India
Whether property is waqf is a jurisdictional fact; civil courts and waqf authorities must respect the statutory scheme for determination.
Unit IV · Family Law – II (Muslim Law and Other Personal Laws)
Administration, boards and protection of waqf property
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Waqf Act, 1995 | 13–32 | Establishment and functions of Waqf Boards |
| Waqf Act, 1995 | 51–52A | Alienation of waqf property and restoration of possession |
| Waqf Act, 1995 | 83 | Tribunal |
Landmark cases
Sayyed Ali v. A.P. Wakf Board
(1998) 2 SCC 642 · Supreme Court of India
Waqf property cannot be diverted to purposes foreign to the dedication; the Board is a trustee for the objects of the waqf.
Previous-year questions
Mapped 6 / 10 / 15-mark questions on this topic. Frequency is how many papers repeat the question.
- 10 A, a Christian dies leaving behind a widow, two sons and two daughters. Distribute this property. · 1×
- 10 'A' Mohammedan had two sons B & C. B dies during A's life time leaving several children. When 'A' dies the children of 'B' and 'C' claim succession to 'A's property. Advise 'C'. · 1×
- 10 A Mahomedan dies leaving behind him a son, father and paternal grandfather. He leaves a will bequeathing his property to his paternal grandfather. Is the bequest valid? · 1×
- 10 'A' an Indian Christian dies leaving property of the net value of Rs. 5,00,000 (Five lakhs). He is survived by his widow and son. Distribute the property. · 1×
- 10 A Hindu dies leaving behind a will. According to the will, the whole property is bequeathed in favour of his daughter. There is an objection from his son and wife in execution of this will. Give legal opinion. · 1×
- 15 Explain the intestate succession rules for distribution of property of a Christian. · 1×
- 15 Explain how the property of a Christian male devolves. · 1×
- 15 Who may be appointed as Mutawalli? State the powers of Mutawali over the Wakf Property. · 1×