Updated Waqf Legal Format

Deed for Appointment of Mutawalli for Waqf Administration

This sample deed may be adapted where a Mutawalli is appointed or nominated in accordance with the waqf deed, applicable custom, a competent authority or the Waqf Act, 1995. The appointment must conform to the governing waqf instrument, applicable statutory qualifications and any valid directions or orders of the State Waqf Board.

Current-law note: Section 3(i) continues to define "mutawalli", but the law was amended in 2025. The current definition requires, among other things, that the mutawalli be a citizen of India and fulfil such other qualifications as may be prescribed. The former wording permitting appointment "verbally" has also been omitted. Accordingly, a written deed or instrument and proper documentary compliance should be preferred.

Current Legal Position on Appointment of a Mutawalli

  • Section 3(i): A mutawalli includes a person appointed under the deed or instrument creating the waqf, by a competent authority, by applicable custom, or another qualifying person or body managing the waqf as recognised by the Act.
  • Current qualifications: The mutawalli must be an Indian citizen and must satisfy such other qualifications as may be prescribed. Where the waqf itself specifies qualifications, those requirements should also be examined together with applicable State rules.
  • Section 63: If the office of mutawalli is vacant and there is nobody entitled to appointment under the waqf deed, or if the right of a person to act as mutawalli is disputed, the Waqf Board may appoint a person to act as mutawalli for such period and on such conditions as it considers fit.
  • Waqf deed controls succession: Where the waqf deed contains a valid succession or appointment mechanism, that mechanism should ordinarily be followed subject to the Act, applicable rules, lawful Board orders and other binding law.
  • Removal and administration: The Board has statutory supervisory powers, including powers concerning removal of a mutawalli and framing of schemes for proper administration in circumstances specified by the Act.

Updated Sample Deed of Appointment of Mutawalli

This specimen retains the substance of the traditional appointment format while modernising terminology and removing assumptions that may not apply to every waqf. Complete all blanks only after checking the original waqf deed and State-specific requirements.

SAMPLE FORMAT - APPOINTMENT OF MUTAWALLI

DEED OF APPOINTMENT / NOMINATION OF MUTAWALLI

THIS DEED is executed on this ______ day of __________, 20____ by me, __________________________, son/daughter of __________________________, aged about ____ years, residing at __________________________________________, presently acting as __________________________ of the waqf described below.

WHEREAS a waqf was created by __________________________ ("the Waqif") under a Deed / Instrument of Waqf dated __________, registered, where applicable, before the Sub-Registrar of __________________________ as Document No. __________, Book No. __________, Volume No. __________, pages __________, concerning the properties more particularly described in the Schedule hereto;

AND WHEREAS the said properties were dedicated permanently for religious, pious, charitable or other lawful waqf purposes stated in the said deed, and the income, usufructs and benefits thereof are to be applied strictly for the objects and purposes of the waqf;

AND WHEREAS the said waqf deed contains provisions relating to its administration and the appointment or succession of the Mutawalli, including the following relevant provisions:

(a) __________________________________________;
(b) __________________________________________;
(c) __________________________________________.

AND WHEREAS I am empowered under Clause ______ of the said waqf deed / lawful scheme / order dated __________ to nominate or appoint a successor Mutawalli, subject to the Waqf Act, 1995, applicable rules and lawful orders of the competent authority;

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. Appointment. In exercise of the powers lawfully vested in me, I hereby nominate and appoint Mr./Ms. __________________________, son/daughter of __________________________, aged about ____ years, residing at __________________________________________, an Indian citizen and otherwise eligible under applicable law and the governing waqf instrument, to act as Mutawalli of the said waqf upon __________________________.

2. Nature of office. The appointee shall administer the waqf and its properties solely in accordance with the objects of the waqf, the waqf deed, the Waqf Act, 1995, applicable rules, lawful directions of the Waqf Board and orders of competent courts or tribunals.

3. Duties. The Mutawalli shall safeguard the waqf properties; collect and properly account for rents, income and other receipts; apply the income only for authorised waqf purposes; maintain proper records and accounts; comply with registration, filing, audit, contribution and reporting obligations applicable to the waqf; prevent unauthorised occupation or alienation; and perform all other lawful duties of a Mutawalli.

4. Restrictions. The Mutawalli shall not sell, gift, mortgage, exchange, lease, transfer, encumber or otherwise deal with any waqf property except to the extent permitted by the Act and after obtaining every approval or sanction required by law.

5. Succession. On the death, resignation, removal, incapacity or lawful cessation of the above appointee, succession to the office shall be governed by the original waqf deed, any lawful scheme or order governing the waqf, the applicable custom recognised by law and the Waqf Act, 1995. No clause of this deed shall override a mandatory statutory provision.

6. Board authority. This appointment is subject to the statutory powers of the competent Waqf Board, including its powers in cases of vacancy, disputed entitlement, removal, direct management or framing of a scheme for proper administration, as applicable.

7. Records and possession. Upon assumption of office, the Mutawalli shall take lawful charge of the waqf records, accounts, funds and properties and prepare an inventory and statement of account, where appropriate.

8. Compliance. The appointee shall complete all filings, declarations, registrations, portal/database requirements, disclosures or intimations required under the Act, rules and directions applicable to the particular waqf.

IN WITNESS WHEREOF, I have signed this Deed on the day, month and year first above written.

____________________________
Signature of Appointing / Nominating Person
Name: ________________________

Acceptance by Appointee

I, __________________________, hereby accept the office of Mutawalli subject to the waqf deed and applicable law and undertake faithfully to administer the waqf and its properties for the purposes for which the waqf was created.

____________________________
Signature of Appointee / Mutawalli

Witnesses

1. Name: __________________________
Address: __________________________________________
Signature: __________________

2. Name: __________________________
Address: __________________________________________
Signature: __________________

SCHEDULE OF WAQF PROPERTY

All that property / properties situated at __________________________________________ and more particularly described as follows:

_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

Important Points Before Using the Deed

The original waqf deed should first be examined to determine who has the power to appoint a successor and whether the office is hereditary, elective, nominated or otherwise regulated. If there is no eligible successor under the deed, or entitlement to the office is disputed, a private deed should not be used as a substitute for the statutory process: Section 63 empowers the Waqf Board to appoint a mutawalli in those circumstances.

The older page reproduced Sections 6 and 7 dealing mainly with disputes about whether property is waqf property and whether a waqf is Shia or Sunni. Those provisions are not central to a routine deed appointing a Mutawalli. The updated page therefore focuses on the provisions directly relevant to appointment, administration and succession.

Official Waqf Law Sources

India Code - Waqf Act, 1995 and Current Amendments India Code - Section 3 Definitions, including Mutawalli
Disclaimer: This format is a general drafting aid. Appointment and succession of a Mutawalli depend on the terms of the particular waqf deed, applicable State rules, Board orders and the facts of the waqf. Registration, stamp, attestation or filing requirements should be checked locally before execution.