A person,who manages the Waqf property is called "Mutawalli".The legal position of Mutawalli is that of the Manager or Superintendent of the Waqf properties.
Qualification:
Any Muslim Male or Female who is major(18 years old) and is of sound mind may be appointed as Mutawalli.No academic qualification are prescribed for the appointment of a Mutawalli.A minor may act as a Mutawalli,where the office of a Mutawalli is herditary and the person entitled to succeed is a minor.
Powers:
The powers of Mutawalli are stated below:
1. Power of Management
2. Power f Alienation
3. Power to Incur Debts
4. Power to Sue.
1. Power of Management :
A Mutawalli has the power of management and administration of Waqf properties.He has the full power to utilise the waqf property for the purpose of which the waqf has been created.
2. Power of Alienation :
He has to power to alienate the Waqf property unless the waqf-deed or waqf-nama specifically empowers him to do so. He has to obtain the prior permission of the court to alienate the Waqf properties.Alienation without prior permission of the court is not void ab initio but voidable.
3. Power to Incur Debts:
A Mutawalli has no power to incur debts.A person who advances a loan to Mutawalli for the purpose of the Waqf has no remedy against the Waqf properties.
4. Power to Sue:
Before the passing of the Waqf Act,1954,a Mutawalli could file a suit relating to a Waqf.But after the passing of the Act power to sue is vested in the Waqf Board under whose supervision the Mutawallis have to work.
Removal of Mutawalli:
When a Wqaf comes in to existence and a Mutawalli is appointed,the founder(Waqif) has no power to remove him unless a power to that effect has been specifically contained in the Waqf-nama.The court may remove mutawalli on the ground of misfeasance,breach of trust or unfitness or any other reason,which the court thinks fit.