Transfer in Perpetuity for the Benefit of the Public: A Critical Analysis of Waqf Properties

The Transfer of Property Act of 1882 (hereinafter referred to as the Act) is a colonial statute enacted to govern the transfer of properties, movable and immovable, rights, liabilities, and interests attached to it. The assignment shall focus on the exception to the Rule Against Perpetuity, which is Transfer in Perpetuity for Public Benefit. By means of a case study of Waqf properties, a perpetual charitable endowment, the author in this article shall delve into the legalities of such transfers, highlighting the key judicial interpretations along with their social implications. Further, the author shall also identify misuse and challenges in the administration of such properties that undermine the intended public benefit. Furthermore, toward the end of the assignment, the author shall summarize her key research findings and provide suggestions for improving the execution of the laws for the betterment of society.