MAINTENANCE OF ACCOUNTS OF AUQAFCentral

Section 63 of The Waqf Act, 1995

When there is a vacancy in the office of the mutawalli of a 1[waqf] and there is no one to be appointed under the terms of the deed of the 1[waqf], or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit.

Summary

The Waqf Board has the power to appoint a mutawalli, who is a manager of the property, when a vacancy exists and the original deed does not explain who should take over.
This power also applies if there is a legal fight or dispute over who has the right to act as the manager.
The Board can choose any person they think is suitable to fill this role.
The Board decides how long this person will serve and what specific rules or conditions they must follow while managing the property.

Practical examples

1In 2026, the long time manager of a small local graveyard in Nagpur passes away. The original gift deed from 1950 did not name a successor and the manager had no children. The Maharashtra Board steps in to appoint Mr. Ali as the new manager so the land is not neglected.

2Two different cousins, Rahil and Samad, both claim they are the rightful manager of a community shop in Lucknow after their uncle retired. Because the right to act is disputed, the Board appoints an independent person to manage the shop until the matter is settled.

FAQ

1. When can the Board appoint a manager under Section 63 of The Waqf Act, 1995?

Under Section 63 of The Waqf Act, 1995, the Board can appoint a manager if there is a vacancy with no named successor in the deed or if multiple people are fighting over who should be the manager.

2. Can the Board set a time limit for a manager appointed under Section 63 of The Waqf Act, 1995?

Yes, under Section 63 of The Waqf Act, 1995, the Board is allowed to appoint a person to act as manager for whatever period of time they think is appropriate.

3. What happens if there is a dispute about who is the manager according to Section 63 of The Waqf Act, 1995?

If the right of any person to act as manager is disputed, Section 63 of The Waqf Act, 1995 allows the Board to appoint a person to handle the duties until the situation is resolved.

Test yourself

Q1.Under Section 63 of The Waqf Act, 1995, what is the primary requirement for the Board to appoint a manager?

Q2.How does Section 63 of the general waqf law handle a situation where two people claim to be the rightful manager?

Q3.What level of control does the Board have over a person appointed under Section 63 of the 1995 Act?

Q4.Under Section 63 of the general law, for how long can the Board appoint a substitute manager?

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