Section 15: Interpretation of “child”
consolidated text (as at 1992). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
15. Interpretation of “child”
(1) Subject to subsection (2), in a declaration of waqf, “child of the
waqif”—
(a) means a legitimate or acknowledged child of the waqif before or
after the declaration; but
(b) does not include a grandchild or more remote descendants.
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Revised Laws of Mauritius
(2) (a) At the time of the declaration where there is no child living, but
the child of a son or other agnatic descendant is living, that child or descendant, but no person in a lower generation, shall be deemed to be a child of
the waqif.
(b) Where, in the circumstances described in paragraph (a), a child is
born to the waqif after the declaration of waqf, that child shall become entitled to the produce of the waqf.
(c) Where there is no descendant in the first and second generations, all those who are in the third or any lower generation shall be deemed
to be children of the waqif.
(3) (a) In this section, “orphan” means a minor who has no father living,
though his mother and grandfather are alive.
(b) The condition of orphanhood shall cease on the attainment of
majority.