Transfer of Wakaf property

Transfer of Wakaf property.--(1) Save as otherwise provided in this Act, no transfer of any immovable property of a Wakaf by way of sale, gift, mortgage or exchange shall be valid. (1A) No transfer of any immovable property made in violation of sub-section

1. (1) shall be valid.
2. (2) Any Wakaf property such as agriculture lands, orchards, gardens, houses, shops, vacant plots, Hujaras, apartments attached to Khanqah and Sarais, may be leased out by the Board with the approval of the Government, upto 40 years subject to such conditions including those relating to transfer of lease hold rights, as the Government may, in each individual case, impose.
3. (3) The Board may transfer in the form of simple mortgage any immovable property of Wakaf other than a Wakaf by user as defined in sub-clause
   • (i) of clause
   • (d) of section 3 in favour of any Bank having an office for transacting the business of banking in the State, for securing loans, subject to the condition that in any suit based on such mortgage, the mortgaged property shall be sold only to a permanent resident of the State.