Supreme Court of India
Md. Abrar v. Meghalaya Board of Wakf & Anr.
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What the Court ordered
We are of the considered opinion that this principle also applies in det ermining which class of heirs is included or excluded from mutawalli-ship.
Judgment, page 15
From the headnote
Waqf: Joint Mutwalliship – Succession – Held: Ordinarily upon death of one of the joint mutwallis, the surviving mutwalli/ muttwallis are entitled to continue – Any successor nominated by the decea sed mutwalli can assume office only after the death of original mutwalli/mutwallis, unless there is an express or imp lied direction in the waqfnama to the contrary – Terms of the waqf deed in the present case show that the waqif intended that afte r the death of any of the original joint mutwallis, the survivor m utwalli was required to nominate a person from the waqif ’s fami ly line to succeed
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