Annulment of the Official Deed of a Waqf Property
One of the legal issues that is frequently raised before the courts today concerns the annulment of the official deed of waqf property. This matter encompasses a variety of legal considerations, which are examined below.
How Is the Official Deed of a Waqf Property Issued?
Official Deed
The concept of an official deed is familiar to most individuals. In legal terminology, an official deed refers to documents that are prepared within the scope of authority of the Real Estate Registration Organization, notary public offices, or other official authorities, in accordance with statutory regulations. Accordingly, pursuant to Article 1287 of the Civil Code, documents that are registered in compliance with the law are considered official deeds, and all their contents and statements are legally valid.
Under Article 22 of the Registration Law, once a property is registered in the official property registry in accordance with the law, the government recognizes only the person in whose name the property is registered, or to whom the property has been lawfully transferred and registered, as the owner. Likewise, where property has been inherited from the registered owner, the heir is recognized as the lawful owner.
Is It Possible to Claim Annulment of an Official Deed of Property?
Official deeds are generally executed to evidence the conclusion of a transaction. As a result, claims for annulment of an official deed are typically raised in the context of an action to annul the underlying transaction.
An action for annulment of an official deed may be brought on grounds such as failure to observe the formalities required for execution of the deed, noncompliance with statutory conditions, or where another valid document is produced against it.
Therefore, as provided by law, it is possible to request the annulment of an official deed subject to specific conditions. The Single Article of the Law on the Annulment of Deeds Relating to the Sale of Endowed Properties, Water Rights, and Waqf Lands constitutes an exception to Article 22 of the Registration Law. Under this provision, it is permissible to claim annulment of an official deed on the basis that the property is waqf. According to this law, all endowed properties that, from the date of enactment of the law, have been sold or transferred into private ownership without lawful religious authorization are deemed void, and the issued ownership deeds are annulled, with the property reverting to its waqf status.
Condition for Annulment of the Official Deed of a Waqf Property
Pursuant to the aforementioned law, unlawful sale or ownership of waqf property constitutes the primary condition for annulment of its official deed. Accordingly, individuals seeking annulment of such official deeds must prove that the sale or transfer of ownership occurred without lawful religious authorization. Moreover, there is no requirement to file a separate action to establish the waqf nature of the property. The court is required, under the law itself, to examine and determine the waqf status and ownership of the property.
Religious Authorization
Religious authorization, as defined in Clause 4 of the Executive Regulations, refers to a certificate issued by a qualified Islamic jurist in accordance with Islamic law, permitting the conversion or proper sale of waqf property.
Therefore, if a waqf property is sold without obtaining such authorization, the trustee of the waqf property may request annulment of the ownership deed.
Procedure for Annulment of the Official Deed of a Waqf Property
Where the property constitutes a public waqf, the claim for annulment must be filed by the Endowments Organization before the competent judicial authority.
The court, after conducting inquiries and reviewing the relevant documents, evidence, and waqf deed, will render its decision.
In the case of a private waqf, the matter is first referred to the Commission established under Article 2 of the Executive Regulations of the Law on the Annulment of Deeds Relating to the Sale of Endowed Properties, Water Rights, and Waqf Lands.
If the sale of the property is found to have been conducted with proper religious authorization and in compliance with Islamic principles, the commission confirms the validity of the waqf sale.
If it is determined that the sale occurred without religious authorization, the commission notifies the Endowments Organization to proceed with annulment of the ownership deed.
The following points should also be noted regarding the annulment process:
- The buyer’s awareness of the waqf status of the property does not affect the application of this law.
- Upon confirmation of the waqf nature of the property, the ownership deed is annulled and reissued in the name of the trustee of the waqf property.
- The person in whose name the annulled deed was issued retains the right to seek recourse against the prior seller.
- Public waqf property is not transferable to private individuals. Accordingly, the ownership deed is annulled, and the property reverts to its waqf status.
- The court with jurisdiction over the location of the waqf property is competent to hear the claim.
- The only legal distinction between different waqf properties lies in the identity of their trustees.
- The trustee may, following annulment of the transfer of waqf property and in compliance with the relevant regulations, execute a lease agreement with the possessor of the property.
- In such proceedings, the plaintiff is the trustee or the Endowments Organization, and the defendants are the seller and the buyer of the waqf property.
Frequently Asked Questions Regarding Annulment of the Official Deed of a Waqf Property
An official deed of a waqf property is a document prepared by the Real Estate Registration Organization, notary public offices, or other official authorities in accordance with the law. Under Article 1287 of the Civil Code, such documents are considered official, and their contents are legally valid.
Yes. Under the law, if a waqf property has been sold or transferred without lawful religious authorization, the ownership deed is annulled. The property reverts to its waqf status.
The primary condition is the unlawful sale or transfer of the waqf property. In such cases, the claimant must prove that the transaction was conducted without religious authorization.
Religious authorization is a certificate issued by a qualified Islamic jurist permitting the sale or conversion of waqf property in accordance with Islamic law. In the absence of such authorization, the sale is invalid and subject to annulment.
For public waqf property, the Endowments Organization must file a claim before the court. For private waqf property, the matter is reviewed by the relevant commission. If the absence of religious authorization is confirmed, the Endowments Organization proceeds with annulment of the deed.
No. Even if the buyer was aware that the property was waqf, the issued deed will still be annulled upon proof of the waqf status and the absence of religious authorization.
The claimant is typically the trustee of the waqf or the Endowments Organization, while the defendants are the seller and the buyer of the waqf property. What is an official deed of a waqf property, and how is it issued?
Is it possible to annul the official deed of a waqf property?
What is the main condition for annulment of an official deed of waqf property?
What does religious authorization mean in transactions involving waqf property?
How is the annulment of the official deed of a waqf property carried out?
Does the buyer’s knowledge of the waqf status of the property prevent annulment?
Who is entitled to file a claim for annulment of the official deed of a waqf property?
