Legal Counsel – Waqf, Property & Encroachment Litigation

JOB DESCRIPTION 

Legal Counsel – Waqf, Property & Encroachment Litigation

Organization: Aga Ali Askar Waqf

Location: Bengaluru, Karnataka

Position: Legal Advocate / Legal Counsel

Engagement: Full-Time

Reporting To: Aga Ali Askar Waqf Chairman, Board/committee members

About Aga Ali Askar Waqf Aga Ali Askar Waqf is a private Waqf registered with the Karnataka Waqf Board, with Aga Ali Askar Waqf properties and assets requiring proper legal protection, administration and preservation.

The Aga Ali Askar Waqf Committee is seeking an experienced and capable Advocate specializing in Waqf, property and civil litigation to provide ongoing legal advice and representation for the protection, management and recovery of Waqf properties and to handle related legal matters.

Key Responsibilities :

· Protection of Waqf Properties 

· Protect the legal interests and properties of Aga Ali Askar Waqf.

· Advise the Committee on matters relating to ownership, possession, boundaries, encroachment, unauthorized occupation and unauthorized construction.

· Examine and advise on Waqf deeds, survey records, revenue records, title documents, Khata, property records, maps, sketches, Gazette notifications and Waqf

Board records.

· Identify legal risks affecting Waqf properties and recommend appropriate preventive and corrective action.

· Assist the Committee in maintaining proper legal documentation and records for all Waqf properties.

2. Encroachment & Recovery of Waqf Property: 

·Handle legal matters concerning encroachment and unauthorized occupation of Waqf properties.

·Advise on appropriate notices, surveys, demarcation, documentation and legal proceedings.

·Initiate and conduct appropriate proceedings for removal of encroachments and recovery of possession.

·Represent the Aga Ali Askar Waqf before the appropriate authorities in matters concerning unauthorized construction, occupation or alteration of Waqf property.

·Monitor implementation and enforcement of orders relating to eviction, demolition, possession and protection of Aga Ali Askar Waqf property.

·Coordinate with surveyors, revenue authorities, BBMP/BDA/BMRDA, Sub-Registrar offices, police and other government authorities wherever required.

3. Waqf Board & Waqf Tribunal Matters :

·Represent Aga Ali Askar Waqf before the Karnataka Waqf Board and Karnataka Waqf Tribunal.

· Handle proceedings relating to Waqf property, encroachment, possession, leases, title, administration and other disputes.

· Advise the Committee regarding the rights and obligations of a private Waqf registered with the Karnataka Waqf Board.

·Prepare petitions, applications, objections, affidavits, written statements, appeals, revisions and other legal pleadings.

·Monitor all Tribunal proceedings, orders and compliance requirements.

4. Civil & High Court Litigation :

· Represent the Waqf before competent civil courts and the Karnataka High Court.

·Handle property disputes involving title, possession, declaration, injunction, eviction, recovery and other civil remedies.

·Challenge or defend orders of competent authorities and the Waqf Tribunal where legally appropriate.

·Brief and coordinate with Senior Advocates when required for important or complex matters before the High Court.

·Personally appear in matters within the Advocate's area of practice and ensure effective representation.

5. Property Title & Legal Due Diligence :

·Conduct legal examination of Waqf property titles and historical records.

· Review survey documents, RTC/revenue records, khata, mutation records, registered documents and other property records.

·Identify discrepancies in property boundaries, survey numbers, ownership records and possession.

·Provide written legal opinions on title, possession, encroachment and other property-related issues.

·Advise the Committee before entering into leases, licenses, development arrangements or other transactions involving Waqf property.

6. Waqf Agreements & Documentation :

·Draft and review leases, licenses, agreements, undertakings, notices, declarations and other legal documents concerning Waqf properties.

·Vet documents before execution by the Committee.

·Advise on the legal implications of proposed transactions involving Aga Ali Askar Waqf properties.

·Ensure that agreements and transactions are consistent with applicable Waqf law and other applicable laws.

7. Legal Advisory to the Committee :

·Provide timely legal advice to the Chairman and Committee members.

· Attend Committee meetings when legal matters require discussion.

· Explain legal issues and available courses of action in clear and practical terms.

· Provide written opinions for important matters wherever required.

·Advise the Committee before taking significant legal or administrative action.

·Maintain confidentiality of all Aga Ali Askar Waqf records, legal advice and proceedings.

8. Waqf Property:

.Documentation & Legal Records 

·Maintain a complete and updated legal file for every property owned/held by Aga Ali Askar Waqf.

·Prepare and maintain a comprehensive Waqf Property Register containing property details, survey numbers, boundaries, extent, location, title documents and

present status. Collect, verify and maintain copies of all available Waqf deeds, title documents, survey records, RTC/revenue records, khata, mutation records, tax

records, Gazette notifications, Waqf Board records, plans, sketches, lease agreements and other relevant property documents.

· Identify any missing, incomplete, outdated or defective property documents and take appropriate steps to obtain certified copies, duplicate records or other

supporting documents from the concerned authorities.

· Coordinate with the Karnataka Waqf Board, Sub-Registrar, Revenue Department, BBMP/BDA/BMRDA and other government authorities to obtain missing

records and documents wherever required.

· Ensure that important original documents are properly preserved and that digitized/backup copies are maintained for all properties.

·Maintain a separate legal file for each property, including all correspondence, notices, surveys, legal opinions, proceedings and orders relating to that property.

·Periodically review the documentation of each Waqf property and report any documentation gap, title issue, encroachment issue or legal risk to the Committee.

9. Litigation & Case Management 

·Prepare and maintain a complete register of all existing and ongoing legal cases, proceedings and disputes involving Aga Ali Askar Waqf.

· Maintain case-wise records containing the case number, court/authority, parties, nature of dispute, advocate handling the matter, next hearing date, orders

passed, pending actions and current status.

·Obtain and maintain copies of all pleadings, petitions, written statements, affidavits, notices, orders, judgments and other important case documents.

·Track all hearing dates, filing deadlines, interim orders, compliance requirements and other important developments.

·Provide the Chairman and Committee with regular updates on the status of every ongoing case.

·Immediately inform the Committee of any significant order, development, adverse proceeding, deadline or action requiring a Committee decision.

·Provide a periodic consolidated litigation status report to the Committee, highlighting pending matters, recent developments, upcoming hearings and action

required.

· Ensure that no case, hearing date, limitation period or compliance requirement is missed.

·Coordinate with other advocates and Senior Advocates representing the Waqf and ensure that the Committee has a complete record of all matters.

·Where required, review existing cases and advise the Committee on whether further action, appeal, revision, settlement, execution or other legal remedy is

appropriate.

Required Qualifications 

·LL.B. degree from a recognized institution.

·Valid enrollment with the Bar Council of Karnataka.

·Active legal practice in Bengaluru/Karnataka.

·Strong knowledge of the Waqf Act and applicable Waqf rules and regulations.

·Strong knowledge of property law, civil procedure and laws relating to immovable property.

·Good legal drafting and research skills.

·Excellent command of English.

·Working knowledge of Kannada is essential or highly preferred.

·Knowledge of Urdu/Hindi will be an advantage.

Experience : Preferred: 10+ years of litigation experience and exposure to waqf cases.

Preference will be given to candidates with demonstrated experience in:

·      Private Waqf matters

·      Representation of Waqf institutions, Mutawallis or Waqf Committees

·      Waqf property disputes

·      Waqf Tribunal proceedings

·      Waqf Board proceedings

·      Property encroachment and recovery

·      Possession and eviction proceedings

·      Title and boundary disputes

·      Civil suits involving immovable property

·      Karnataka High Court litigation

·      Revenue and property-record matters

·      Section 54 and other relevant provisions concerning Waqf property protection

Preferred Professional Profile  - The ideal candidate should: 

·      Have practical experience representing private Waqfs or Waqf institutions.

·      Have experience dealing with Waqf property protection and encroachment matters.

·      Be familiar with the functioning of the Karnataka Waqf Board and Karnataka Waqf Tribunal.

·      Have experience appearing before the Karnataka High Court.

·      Be capable of independently assessing a legal dispute and recommending a course of action.

·      Have strong property-law and litigation expertise rather than being limited to documentation work.

Be responsive and accessible to the Committee when urgent property matters arise :-      

.Maintain strict confidentiality and professional integrity.

·Be willing to develop a long-term legal relationship with the Aga Ali Askar Waqf Committee.

Key Areas of Legal Work :-

The Advocate may be required to handle matters involving:

Waqf Property Protection :-

Encroachment & Unauthorized Occupation Recovery of Possession

Property Title & Boundaries Waqf Board Proceedings Waqf Tribunal Proceedings Civil Litigation

Karnataka High Court Matters Leases & Licenses

Revenue & Property Records Government Authority Proceedings Legal Notices & Opinions

Waqf Administration & Compliance Engagement & Remuneration

The engagement structure and professional fees will be mutually agreed based on the Advocate's experience and scope of work.

Important :

Candidates should clearly mention their actual experience representing private Waqfs, Waqf Committees or Mutawallis, including the nature of matters handled.

Aga Ali Askar Waqf Committee, Bengaluru, Karnataka