Notwithstanding anything contained in this Act where any movable or immovable property has been given or donated by any person not professing Islam for the support of a 1 [waqf] being—
(a) a mosque, idgah, imambara, dargah, khangah or a maqbara;
(b) a Muslim graveyard;
(c) a choultry or a musafirkhana, then such property shall be deemed to be comprised in that 1 [waqf] and be dealt in the same manner as the 1 [waqf] in which it is so comprised.
2 [104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property.—(1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person.
(2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ab initio.]
3 [104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.—
(1) If any waqf property has been occupied by the Government agencies it shall be returned to the Board or the mutawalli within a period of six months from the date of the order of the Tribunal.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Ins. by s. 53, ibid. (w.e.f. 1-11-2013).
3. Ins. by s. 54, ibid. (w.e.f. 1-11-2013).
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(2) The Government agency may, if the property is required for a public purpose, make an application for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing market value.]