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Judgment of the Day

Judgment of the Day

In the matter of Syeda Nazira Khatoon (D) by LR Vs. Syed Zahiruddin Ahmed Baghdadi & Ors  (26/09/2019) the three –judges bench of the Supreme Court has observed that, though women can also hold the office of Mutawalli under Mohammedan law, but if the wakif intended to create the Mutawalliship only in favour of male descendants, a female descendant cannot stake any claim to the Mutawalliship of the wakf estate. Thus, the Court, inter alia, held that a female descendant cannot be Mutawalli if wakif intended to exclude them. The details of case may be accessed at following link-

https://sci.gov.in/supremecourt/2008/33886/33886_2008_11_1501_17052_Judgement_26-Sep-2019.pdf

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