Section 41: Power to grant lease
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.
41. Power to grant lease
(1) Where the waqf property consists of a house dedicated to the poor or
other charitable object, the mutawalli may validly grant a lease thereof for
3 years and where it consists of land, he may validly grant a lease for
9 years, the lease not being determined by his death.
[Issue 1] W2 – 16
Revised Laws of Mauritius
(2) Where—
(a) the mutawalli purports to grant a lease for a longer term than of
3 years or 9 years respectively, the lease shall be voidable;
(b) it is necessary for the purpose of the waqf, the Court may
authorise a lease to be made for a longer term, notwithstanding
that the declaration of waqf expressly provides that the lease
shall not be made for a longer term than a term specified in it.
(3) Except as provided in the declaration of waqf, no person may occupy
the waqf property without paying a reasonable rent for it, and where the
mutawalli purports to allow any person so to occupy the waqf property, reasonable rent will nevertheless become due and payable by the person for occupation of the property.