Section 39: Borrowing with permission of Court

39. Borrowing with permission of Court (1) In the absence of any express provision to that effect in the declaration of waqf, the mutawalli shall not borrow money for any purpose, or sell or exchange the waqf property, except with the authorisation of the Court. (2) (a) The Court may, upon an application being made in that behalf by the mutawalli, authorise him to borrow money and mortgage the waqf property where it is in the interest of the waqf to do so. (b) The Court may confirm, with retrospective effect, a mortgage made by the mutawalli without the sanction of the Court, where the Court is satisfied that the mortgage was of urgent necessity and was properly made in the circumstances. (3) The Court may order the sale or exchange of any waqf property when satisfied that it has become unfit for the objects of the waqf. (4) Where any person, other than the mutawalli, who is in any way concerned in the waqf property, is desirous of obtaining an order for the sale or exchange of the waqf property or an order authorising a loan on mortgage or without mortgage, he shall proceed in accordance with section 53.