used by the family membes. Only when no one in the family, the property should be given to the Saydani Bibi Sahiba Mosque. As long as the relatives are the legal heirs of the testator in various source available the income should be shared only by the legal heirs as shown in the deed. Though nomenclature of the document appears to be endowment, the intention of the testator can be easily discernible on reading of the entire document. The main purpose of the settlement is only in favour of the family members to share the income from the property. Only when no one is alive in the line of succession, the property shoule be dedicated. Therefore, subject property cannot be considered as waqf property at this stage. Though it falls under the definition of waqf-alal-aulaud as per Section 3(r)(iv) of the Waqf Act, such stage has not attained. But, the line of succession are still alive. Therefore, at this stage, waqf Board passing a resolution and taking control of the property does not arise at all, as the same was settled in favour of the Petitioner and others, to derive the income from the property.
