JUDICIAL PROCEEDINGSCentral

Section 86 of The Waqf Act, 1995

Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, where any suit or other legal proceeding is instituted or commenced---

(a)by or on behalf of a Board---
1. (i)to set aside the sale of any immovable property, which is 1[waqf] property, in execution of a decree or order of a civil court;
2. (ii)to set aside the transfer of any immovable property, which is 1[waqf] property, made by the mutawalli thereof, whether for valuable consideration or not, without or otherwise than in accordance with, the sanction of the Board;
3. (iii)to recover possession of the property referred to in clause (a) or clause (b) or to restore possession of such property to the mutawalli of the concerned 1[waqf]; or
(b)by a mutawalli to recover possession of immovable property, which is 1[waqf] property, which has been transferred by a previous mutawalli 2[or by any other person], whether for valuable consideration or not, without otherwise than in accordance with the sanction of the Board, and which is in the possession of the defendant, the court may, on the application of the plaintiff, appoint a receiver of such property and direct such receiver to pay from time to time to the plaintiff, out of the income of the property, such amount as the court may consider to be necessary for further prosecution of the suit.

Summary

A court can appoint a receiver, who is a neutral person to manage property, while a legal battle is ongoing.
This happens in cases where someone is trying to cancel an illegal sale or transfer of waqf land.
The receiver can use the income from the property to pay the person who started the lawsuit.
This money is used to help pay for the costs of continuing the legal case.
This rule applies even if other general laws about receivers normally say something different.

Practical examples

1A manager sold a waqf clinic without the Board's permission. While the Board sues to get the property back, the court uses Section 86 of the Waqf Act to appoint Mr. Khan as a receiver to collect rent and use it to pay for the Board's legal fees.

2Fatima is suing to recover a graveyard that was sold illegally by a previous manager. Under Section 86 of the Waqf Act, the court allows her to receive payments from the land's income so she can afford to keep her lawyer for the rest of the trial.

FAQ

1. What is a receiver under Section 86 of the Waqf Act, 1995?

Under Section 86 of the Waqf Act, 1995, a receiver is a person appointed by the court to manage a property and its income while a lawsuit is being decided.

2. Can property income be used for legal costs under Section 86 of the Waqf Act, 1995?

Yes, Section 86 of the Waqf Act, 1995, allows the court to direct the receiver to pay the plaintiff money from the property's income for the prosecution of the suit.

3. When can a receiver be appointed according to Section 86 of the Waqf Act, 1995?

According to Section 86 of the Waqf Act, 1995, a receiver is appointed when a suit is filed to set aside an illegal sale or transfer of waqf property or to recover its possession.

Test yourself

Q1.Under Section 86 of the Waqf Act, 1995, for what specific purpose can the court use property income?

Q2.Who can apply for a receiver under Section 86 of the Waqf Act, 1995?

Q3.Which situation allows for a receiver under Section 86 of the Waqf Act, 1995?

Q4.Under Section 86 of the Waqf Act, 1995, what does the receiver manage?

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