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Mussalman Wakf Validating Act 1930 Complete Act

State: Central

Year: 1930

.....form of wakf-al-aulad, that is a bequest for the benefit of the testator's descendants. As such, it contravenes the law against perpetuities as enacted in Section 14 of the Transfer of Property Act, and.Section 114 of the Indian Succession Act. A doubt was cast on this doctrine by the Privy Council in several cases in which their Lordships held such bequests illegal as obnoxious to the rule against perpetuities As Act 6 of 1913 was merely declaratory of the validity of such wakfs, it was understood that it would apply equally to all wakfs whether created before or since that enactment. But as the Courts have held otherwise, this Bill is framed to give that Act retrospective operation. It is apprehended that Mussalman Wakf Validating Act (6 of 1913) was not intended to introduce a change in the old law being enacted to restore the old rule. This Bill will, if passed, carry out its intention by resolving a doubt resulting from recent cases." -Gazette of India, 1929, Pat V, p. 240. EXTRACT FROM SELECT COMMITTEE REPORT "Clause 1.- This Bill is designed to give retrospective effect to the Mussalman Wakf Validating Act, 1913, which has already been in operation without retrospective.....