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Mussalman Wakf Validating Act, 1930 Complete Act

Title: Mussalman Wakf Validating Act, 1930

State: Central

Year: 1930

Preamble1 - MUSSALMAN WAKF VALIDATING Act, 1930 Section1 - Short title Section2 - Act 6 of 1913 to apply retrospectively

Mussalman Wakf Validating Act, 1930 Preamble 1

Title: Mussalman Wakf Validating Act, 1930

State: Central

Year: 1930

THE MUSSALMAN WAKF VALIDATING Act, 1930 [Act, No.32 OF 1930] [AS ON 1959] [25th July, 1930.] PREAMBLE WHEREAS the Mussalman Wakf Validating Act, 1913, does not apply to wakfs created before its enactment; AND WHEREAS it is expedient to validate such wakfs without infringing any rights contrary thereto which may have already accrued or been acquired; It is hereby enacted as follows:--

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.....

Mussalman Wakf Validating Act, 1930 Section 2

Title: Act 6 of 1913 to Apply Retrospectively

State: Central

Year: 1930

The Mussalman Wakf Validating Act, 1913, shall be deemed to apply to wakfs created before its commencement: Provided that nothing herein contained shall be deemed in any way to affect any right, title! obligation or liability already acquired, accrued or incurred before the commencement of this Act.

Mussalman Wakf Validating Act, 1930 Section 1

Title: Short Title

State: Central

Year: 1930

This Act may be called the Mussalman Wakf Validating Act, 1930.