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    <title>1944 (6) TMI 15 - PRIVY COUNCIL</title>
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    <description>A wakf deed was challenged on the basis that the settlor had allegedly become a Shia and was therefore not competent to execute a wakf under the Mussalman Wakf Validating Act. The documentary record showed that he continued to assert Sunni status until at least 1919, and the oral evidence did not displace that evidence, so the challenge failed. The deed was also attacked as fictitious or colourable to defeat or delay creditors, but the evidence of antecedent debts was vague, the secured debts were not shown to be insecure, and the document&#039;s registration and mutation of the settlor as mutwalli supported genuineness. The wakfnama was not proved sham or fraudulent, and the decree for the respondents stood.</description>
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    <pubDate>Tue, 27 Jun 1944 00:00:00 +0630</pubDate>
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      <title>1944 (6) TMI 15 - PRIVY COUNCIL</title>
      <link>https://www.taxtmi.com/caselaws?id=298234</link>
      <description>A wakf deed was challenged on the basis that the settlor had allegedly become a Shia and was therefore not competent to execute a wakf under the Mussalman Wakf Validating Act. The documentary record showed that he continued to assert Sunni status until at least 1919, and the oral evidence did not displace that evidence, so the challenge failed. The deed was also attacked as fictitious or colourable to defeat or delay creditors, but the evidence of antecedent debts was vague, the secured debts were not shown to be insecure, and the document&#039;s registration and mutation of the settlor as mutwalli supported genuineness. The wakfnama was not proved sham or fraudulent, and the decree for the respondents stood.</description>
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      <pubDate>Tue, 27 Jun 1944 00:00:00 +0630</pubDate>
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