Public Dedication Of Waqf Cannot Be Inferred From Mere Reference To 'Waqf' Or 'Mosque' In Partition Deed Without Complete Divesting Of Ownership
Mere use of words "Waqf" or "Mosque" in a title deed is not conclusive proof of public dedication. For a valid public Waqf, the founder must completely divest himself of ownership in favour of God, deliver possession to a Mutawalli or Imam, and make the property accessible to the public for worship. Where a partition deed permits family members to retain surplus income for their own maintenance and lacks absolute divesting of ownership, the property retains the character of a private Waqf or Waqf-alal-aulad. The Waqf Board has no jurisdiction under the Waqf Act, 1995, to register or interfere with the administration of a private family Waqf as a public Waqf.
