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Section 90: Notice of suits, etc., by courts

The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995Central Act · Act 43 of 1995

(1) In every suit or proceeding relating to a title to or possession of a [waqf] property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice to the Board at the cost of the party instituting such suit or proceeding.

(2) Whenever any [waqf] property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shall be given to the Board by the court, Collector or other person under whose order the sale is notified.

(3) In the absence of a notice under sub-section (1), any decree or order passed in the suit or proceeding shall be declared void, if the Board, within [six month] of its coming to know of such suit or proceeding, applies to the court in this behalf.

(4) In the absence of a notice under sub-section (2), the sale shall be declared void, if the Board, within one month of its coming to know of the sale, applies in this behalf to the court or other authority under whose order the sale was held.

Where this provision sits

ActThe Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Section90
Marginal noteNotice of suits, etc., by courts
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 27 of 2013. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
  • substituted. . Subs. by s. 48, ibid., for "one month" (w.e.f. 1-11-2013).

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