Waqfs Ordinance 1962
Sections 33, 56, 57
Bengal Wafq Act, 1934
Section 53
The authority of the Waqf Administrator to accord permission to transfer the waqf property is not absolute. In view of the aforesaid law, facts and circumstances, the impugned transfers made by the Mutawalli even after taking permission from the Waqf Administrator are void in nature in absence of proper inquiry indicated in section 57 of the Ordinance.
It is the duty of the mutwalli to manage the waqf estate prudently and efficiently. Simultaneously, it is also the duty of the Waqf Administrator and Judiciary as well to ensure, to protect and to preserve the waqf property and to see that the Mutwalli is complying with the terms and conditions of the waqf deed as well as the law related to the waqf.
A Mutwalli has no power, without the permission of the Waqf Administrator to sell waqf property or any part thereof. Authority of giving permission of the waqf Administrator is not absolute. He must follow the provision of law, contents of waqf deed, jurisprudence build up in this regard and welfare of waqf estate. He cannot accord permission when it is apparent that such proposal for transfer may cause harm to waqf property itself, consequence of which is ultimate damage and destruction of the property and object of the waqf. The instant permission given by the Administrator may cause damage to the object of the waqf and the estate itself. Such transfers were an unholy racket involved in fraudulent sale of waqf property.
The High Court Division has committed error of law in interfering the well reasoned judgment and decree of the trial Court. It is settled principle that a transfer which is void ab initio is in the eye of law no transfer at all. .....Haji Mohammad Kutubul Alam =VS= Md.Gousuzzaman, (Civil), 2023(2) [15 LM (AD) 481] ....View Full Judgment

Bangladesh Waqfs Ordinance 1962
Section 56 r/w
The Bengal Waqf Act, 1934
Sections 53 & 70(1)(4)
The property, in question, is waqf property and the same was not transferred by its actual owner, by the impugned deeds, title of the disputed waqf property had not been vested to the recipients of those deeds and those are mere papers transaction. .....Hafizuddin(Md.) =VS= Mozaffor Mridha, [5 LM (AD) 105] ....View Full Judgment