Section 6:

6. Waqf may be made inter vivos or by will (1) Notwithstanding article 920 of the Code Civil Mauricien, a dedication by way of waqf may be made inter vivos of property of the waqif, and the dedication shall not be reducible at the time of the opening of the succession of the waqif. (2) Subject to subsection (3), a declaration of waqf may be made by will. (3) (a) Where the waqf is purported to be made of property which exceeds in value that portion of the waqif’s estate which may be bequeathed by will, it shall be valid and effective as to such portion, and void as to the excess, unless the heirs of the waqif consent to the waqf. (b) Where a waqf so made is for the benefit of a mosque, it shall be— (i) wholly valid if the heirs of the waqif consent to the waqf; and (ii) wholly void if the heirs of the waqif do not consent to the waqf. (c) Where a testamentary waqf is purported to be made, and any of the beneficiaries under it are the heirs of the waqif, the portion of the income to which the heirs are purported to be entitled under the waqf shall be divisible among all the heirs of the waqif in the proportion of their rights of inheritance, notwithstanding any other direction that the waqif may have given in the [Issue 1] W2 – 6 Revised Laws of Mauritius waqf unless, after the death of the waqif, the heirs whose rights are affected by the waqf consent to the waqf being given effect to in accordance with the directions.