Section 16: Equal and concurrent shares

16. Equal and concurrent shares (1) Where several objects or beneficiaries are referred to in a declaration of waqf, they shall take the benefit of the waqf concurrently or simultaneously and in equal shares, unless there is anything to show an intention that they should benefit in a different proportion, or in succession to one another. (2) Where the beneficiaries under a waqf consist of a class of persons who are individually identified, they shall be entitled to the benefit of the waqf equally among themselves, and where one of them dies, his share shall go to the poor. (3) Where a waqf is for the benefit of a person’s son and his children, and the children of his children forever, so long as there are descendants, the benefit shall accrue to them per capita, males and females being on the same footing, the children of daughters being included. (4) (a) Where a declaration of waqf purports to be in favour of the children of a named person and in default of them, in favour of the poor, and some of the children die, the survivors shall be entitled to the whole of the profits of the waqf property. (b) Where the children are individually identified in the declaration, the share of each child shall lapse, on his death, to the poor or other ultimate charity. (5) Where the declaration of waqf provides that the beneficiaries should take specified shares consisting of fractions of the total income of the waqf property and— (a) those fractions added together amount to more than unity, the share of each beneficiary shall abate proportionately; (b) there is any remainder left after giving them their specified shares, the remainder shall be divided among each of the beneficiaries in W2 – 9 [Issue 1] Waqf Act equal shares, provided that the intention is shown to give the whole of the income of the waqf property to the said beneficiaries.