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Section 29: Failure of some objects

Waqf Act · PART IV: APPLICATION OF INCOME OF WAQF PROPERTY

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.

29. Failure of some objects (1) Where some objects for which a waqf is purported to be made fail or cannot be given effect to, the validity of the other objects of the waqf shall not be affected, except as provided in this section. (2) Where a waqf is created for mixed purposes, some of which are unlawful, effect shall be given to those purposes which are lawful, and so much of the property as is dedicated for unlawful purposes shall revert to the waqif. (3) Where, in construing the terms of a declaration of waqf, the terms in which the beneficiaries under a waqf or its objects are referred to in the [Issue 1] W2 – 12 Revised Laws of Mauritius declaration cannot apply to any existing person or object, the benefit of the waqf property shall be given to the poor, provided that if thereafter the terms apply accurately to any person or objects, he or it shall be entitled to the benefit.

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