Case Note & Summary
The Supreme Court dismissed the appeal arising from a dispute over the mutawalliship of a wakf estate in West Bengal. The wakf, created by a registered deed dated 07.02.1913, appointed Syed Obaidullah Baghdadi as the first mutawalli and provided that the office would devolve to 'putro poutradi krome' (sons and grandsons successively). After the death of the last mutawalli, Syed Badruddin Ahmed, his widow Nazira Khatoon was initially appointed mutawalli by the Wakf Board based on a trust deed executed by her husband. However, the Board later cancelled her appointment, holding that the wakf deed only permitted male lineal descendants. The Wakf Tribunal set aside the cancellation, but the Calcutta High Court restored it, interpreting 'putro poutradi krome' to mean male descendants only and holding that a mutawalli cannot transfer his office without express authorization. The Supreme Court affirmed the High Court's decision, ruling that under Mohammedan law, a mutawalli is a manager with no right to transfer his office unless the wakf deed expressly allows it. Since the wakf deed did not grant such power, the trust deed was invalid. The Court also held that 'putro poutradi krome' unambiguously refers to male descendants, excluding females. Consequently, Nazira Khatoon's appointment was void, and the appellant, her daughter, had no right to the office. The appeal was dismissed with no order as to costs.
Headnote
A) Wakf Law - Transfer of Mutawalliship - Office of Mutawalli Not Transferable - Under Mohammedan law, a mutawalli is merely a manager and cannot transfer his office unless expressly empowered by the wakf deed - The wakf deed did not authorize such transfer, hence the trust deed appointing Nazira Khatoon as mutawalli was invalid (Paras 9-10). B) Wakf Law - Interpretation of Wakf Deed - 'Putro Poutradi Krome' Means Male Descendants - The term in the wakf deed, meaning 'sons and grandsons successively', restricts mutawalliship to male lineal descendants - Female descendants are not included, and thus Nazira Khatoon and her daughter (appellant) are not eligible (Paras 11-12).
Issue of Consideration
Whether a mutawalli can transfer his office to another person by creating a trust deed despite a wakf deed providing a line of succession; whether female descendants fall within the term 'putro poutradi krome' in the wakf deed.
Final Decision
The Supreme Court dismissed the appeal, holding that the trust deed transferring mutawalliship to Nazira Khatoon was invalid as the wakf deed did not authorize such transfer, and the term 'putro poutradi krome' restricts mutawalliship to male lineal descendants. No order as to costs.
Law Points
- Mutawalli cannot transfer office without express power in wakf deed
- 'putro poutradi krome' means male descendants only
- Wakf Act 1995
- Mohammedan law principles
