Summary
A deceased mutawalli’s widow claimed office under a trust deed executed by him, while their daughter relied on the succession language of the original wakf deed. The Court held that the mutawalli lacked authority to alter the founder’s prescribed succession. Construing this particular deed as providing for successive male descendants, it upheld the appointment of the last mutawalli’s nephew and cancellation of the widow’s appointment.
Issues
- Whether a mutawalli could transfer his office through a separate trust deed without authority in the wakf deed.
- Whether the succession expression in this wakf deed included female descendants.
Held
- A mutawalli manages the wakf and has no general power to assign or transfer the office unless the founder expressly confers that power. The original deed conferred no authority to appoint a successor through a separate trust deed; the purported appointment of the widow impermissibly altered its terms. (¶¶ 9, 10)
- Even a broad interpretation embracing female descendants would not assist the widow, who was not a direct descendant of the original mutawalli. (¶ 10)
- In this deed, the words putro poutradi krome, read together with their individual meanings, designated sons and grandsons in successive generations. The nephew qualified as a male lineal descendant; the daughter did not fall within the specified class. Women may otherwise hold the office under Mohammedan law, but this founder’s intention controlled succession here. (¶¶ 11, 12, 13)
Result
The appeal was dismissed. The High Court’s decision affirming cancellation of the widow’s appointment as permanent mutawalli was upheld.