AI en Translation, Pages 1-25
Page 4
94 Khairi Zabib and the gold ⟦...⟧
Mohamed Hassan Sheikh 5/4/1
127/205
48 Ahmed Abdel Rahman Fouad Hammadi 5/4/1
61 Mahmoud Mohamed Hakim and Abdel Jabbar Alwan Dabbagh 5/4/1
61 Sibti Tahba 5/4/1
20 Shaith Mazara and Dolan Mina 5/4/1
46 Majeed Sultan 5/4/1
96 Ismail Sayed Hassan Al-Ani 5/4/6
8 Rashid Qabtan 5/4/6
United Agency Company Limited 5/4/6
Bishr Al-Seer 5/4/10
Mohamed Hassan Sheikh
660 64
84 24
76/500
Mohamed Hassan Sheikh 5/4/1
Ahmed Abdel Rahman Fouad Hammadi 5/4/1
Mahmoud Mohamed Hakim and Abdel Jabbar Alwan Dabbagh 5/4/1
Sibti Tahba 5/4/1
Shaith Mazara and Dolan Mina 5/4/1
Majeed Sultan 5/4/1
Ismail Sayed Hassan Al-Ani 5/4/6
Rashid Qabtan 5/4/6
Agency Company 5/4/6
Bishr Al-Seer 5/4/10
Sons of Hajj Mahmoud ⟦Al-Ada'yar⟧
AWQAF EZRA M. DANIEL
⟦illegible calculations and faded text⟧
76/500
187/360
364
Page 12
Al-Ali Orchard
Tapu Form (15)
Value statement of 20 fils used for the purpose of disposal transactions in Tapu and printed at the Government Press
According to authorization number (24178) dated 26 / 8 / 1956
Sol Abdo
Tapu descriptions:
File number: 2/44
Modern door number:
Old door number:
Iraqi Government:
Settlement descriptions:
District name:
District number:
Parcel number:
General descriptions:
Liwa: Baghdad
Qada:
Nahiyah:
Mahalla or village: Binyadin
Street or location:
Bounders: North-east the public road
North-west orchard ⟦...⟧
South-west orchard ⟦...⟧
South-east the irrigation channels ⟦...⟧
Abstract rights:
Descriptions:
Type (Class): Private property / Waqf houses
Gender and contents: Orchard
Rusafa
⟦signature⟧
Map number | Area | Square Decimeter | Square Meter | Olk | Donum
| | 81 | 95 | 9 |
Number and date of registration of this transaction in the Tapu record:
Number:
Month:
Volume:
Number and date of the incoming entry for this transaction:
Number:
Date: / / 195
Signature of the competent employee:
(Warning) Printing presses are prohibited from reprinting it except with written permission from the General Directorate of Tapu.
Page 13
There are no taxes due on the immovable property mentioned in this statement, which is numbered in the Tax Department (
On / / 195
Signature of the Tax Official
1 - Is there a mortgage, insurance, seizure, delay, or any other impediment in (the entry)?
Signature of the Responsible Official
Date / / 195
2 - Are there any papers or indication (in the file) regarding the existence of a mortgage, seizure, delay, or any other impediment?
Signature of the Responsible Official
Date / / 195
Inspection Fee | Compensation | Statement of the Value Subject to Fee
Fils Dinar | Fils Dinar | Fils Dinar
| | ⟦7000⟧
Fees and Stamps
Statement of Fees and Stamps
Fils Dinar
500 87 Endowment Fee
250 » Stamp
150 » Deed
900 87
The fee amounting to ... Dinars and ... Fils has been collected
And recorded in the Journal under number ... and dated / / 195
Signature
The fee amounting to ... Dinars and ... Fils has been collected
And recorded in the Journal under number ... and dated / / 195
Signature
⟦illegible circular stamp⟧
Page 14
The owner Ezra Menachem Daniel has endowed the orchard as a waqf for the benefit of the sons of the Jewish
Community in Baghdad, in accordance with the deed numbered 22 / 945 Sh
dated 25 / 12 / 945 issued by the Court of Personal Status in Baghdad.
Therefore, please process the transaction accordingly.
The Endowment
We certify this statement, acknowledge the accuracy of the information written therein, and confirm that there is no objection to accepting the transaction of ( )
at the Land Registry Office on / / 195
The Member | The Member | The Mukhtar
50 Fils
⟦illegible⟧
Sellers | Buyers | Partners
Page 15
⟦illegible⟧ built in the presence of the neighborhood Mukhtar and the Mukhtar indicated below on
24 / 4 / 52 located in Al-Sa'adoon neighborhood, the property of the heirs of Khedhouri
Hazana, numbered ⟦illegible⟧ and the house bounded by the house of ⟦illegible⟧ Al-Wad ⟦illegible⟧
378 No. ⟦illegible⟧ on 29 / 4 / 952
The Mukhtar
⟦illegible⟧
Sabri Khalaf ⟦...⟧ Abdel Moneim
⟦illegible circular stamp⟧
In the Land Registry Department on:
Member:
Member:
The Mukhtar:
50 Fils
⟦Revenue stamp with portrait of King Faisal II⟧
⟦illegible circular stamp⟧
Partners | Buyers | Sellers
These columns are for transactions involving immovable property being settled
Page 16
Property Tax Commission (Baghdad)
12
Number: 1428
Date: 12/2/1957
To: Karrada Al-Sharqiya Tapu Directorate
There is no tax due on the property numbered (21/42)
Located in Al-Sanajek district until 12/31/1950
Ledger Clerk
⟦Subhi Al-Suhrawardi⟧
12/2/957
⟦...⟧ General Revenues
Tax Officer
Budget
Issued on
Page
In the Tapu Department
Partners | Buyers | Sellers
Page 17
Notes
Audit Department -
The transaction is in compliance with the procedures on / / 195
⟦illegible⟧
Auditor's Signature | Answers of the competent Land Registry Department to the Audit Department's notes
⟦illegible⟧
On this page, the inspection statement, explanation of confession, or other requirements of the transaction may be issued
⟦1/2⟧
⟦illegible⟧
⟦illegible⟧
Page 18
This page is used for any purpose whatsoever, whether by the specialized Land Registry Department or by the Audit Department.
The transfer of the record and the file was carried out on / / 195
Signature ⟦line⟧
I have received the title deed for the time, Signature ⟦line⟧
The original title deed, Signature ⟦line⟧
Page 19
Number (28) of the year 1954
Law
Permission to liquidate the Family Endowment (Waqf)
Printing House, Abdul Karim Zahid Library, Baghdad 5877
Page 20
Number (28) of 1954
Law
Permission to Liquidate Family Waqf
We, Faisal II, King of Iraq
After reviewing the first paragraph of Article Twenty-Six
of the Basic Law and with the approval of the Parliament
We have ratified the following law:
Article One - A - Family Waqf (Waqf Dhurri) means what the endower has endowed
upon himself or his progeny, or both together, or upon a specific person
or his progeny, or both together, provided that it reverts to a charitable
entity upon the extinction of the beneficiary or beneficiaries.
B - Joint Waqf (Waqf Mushtarak) means what the endower has endowed upon a charitable
entity and upon individuals or progeny, or upon individuals or
progeny and upon a charitable entity.
C - Charitable Waqf (Waqf Khairi) means what was endowed to a charitable entity at the time
of its creation or what eventually reverted to it.
D - Mercenaries (Al-Murtaziqa) - are those for whom an entitlement in the yield of the Waqf is stipulated
according to the condition of the endower or the dealing in its absence at the time of enforcement
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4
B - Sharia and civil courts shall continue - each according to
its jurisdiction - to hear lawsuits related to accounting and liability
during the liquidation period and after its completion, in the presence of those
concerned, as well as hearing lawsuits regarding endowments that were not requested
to be liquidated.
Article Six - A - Liquidation is carried out by dividing the endowment if
it is divisible, otherwise it shall be sold at public auction according to the law.
B - It is permissible to divide the endowment in kind between the charitable and progeny entity
if it is divisible, and then consider the division of what pertains to the
progeny entity in accordance with the provisions of paragraph (A) aforementioned.
C - Divisibility is determined relative to the smallest share in an endowment,
and several shares may be considered as one share if
their owners agree to that.
D - Multiple endowment real estate properties are considered as one block in the division,
and the court may adjust this division with cash.
Article Seven - A - If there is a right in the endowment such as double lease,
Muqata'a, long-term lease, Musaqat, or Mugharasa,
it shall be liquidated according to the rules set forth in Article Six (provided that
the liquidation of the endowment by way of sale does not involve gross injustice),
and gross injustice may not be claimed after the endowment liquidation lawsuit
acquires finality. If the liquidation lawsuit is dismissed
due to gross injustice and the judgment acquires finality, and then the gross injustice ceases,
it is permissible to file a new liquidation lawsuit.
B - The rights of the tenant, Mugharis, Musaqi, or owner of
Muqata'a in the land remain towards the one to whom ownership was transferred as they were.
C - The rights previously owed to the endowment by the tenant, Mugharis, Musaqi,
or the owner of Muqata'a shall revert to the one to whom ownership was transferred.
Article Eight - A - Ten percent of each liquidated endowment
is allocated and given to the charitable entity contingent upon the extinction
of the beneficiaries, and this share remains with the competent court as price
or in kind, as the case may be, provided that the manner of its expenditure for social charitable
purposes is determined by a special regulation.
B - If the endowment is shared and the waqif (endower) specified the share of charities
as a proportional part, this part shall be allocated to the charitable entity plus
ten percent of the remainder.
C - If the waqif did not specify a proportional part for charities in the shared endowment,
an amount sufficient to ensure the fulfillment and sustainability of the waqif's condition
in the charitable entity shall be allocated from the endowment, and assistance for that purpose shall be sought from
1
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2
this law.
Article Two - This law includes family endowments and joint
endowments, while charitable endowments remain subject to Sharia rulings
and the prevailing special laws pertaining to them.
Article Three - A - Upon the request of the beneficiaries
entitled to the majority of shares of the family or joint endowment, the court
shall liquidate the endowment whether it was established before or after the enforcement of this law.
B - Its liquidation is also permitted upon the request of one of the beneficiaries
in the following cases:
1 - If it appears that the endowment has become in a state where no benefit is derived from it
due to the ongoing dispute between the beneficiaries.
2 - If the endowment has fallen into ruin and has no yield from another
endowment to be spent on its reconstruction.
3 - If the smallest share of the entitlement from the yield
is clearly negligible.
C - If the liquidation of the endowment occurs and the judgment for it attains its final
degree, it becomes the property of the beneficiaries, who may dispose of it as
an owner disposes of their private property.
7
Judicial rulings, land registry records, registered endowment deeds,
and all legally considered documents and usage.
B - Usage may be proven by all means of proof.
C - Real estate properties allocated to beneficiaries by division or
purchased by buyers at public auction shall be registered as property in their names in the
Land Registry Department after payment of legal fees.
D - Upon filing a liquidation lawsuit, the court shall announce in local
newspapers for three days the date of the hearing fifteen days
prior to its occurrence for the review of relevant parties.
Article Eleven - The rulings of the Courts of First Instance shall be subject
to appeal only, within thirty days starting from the day
following the announcement of the judgment in inter partes rulings
and from the date following the notification date in default judgments.
Article Twelve - A - A fixed fee of five dinars shall be collected for lawsuits filed under
this law upon filing the lawsuit, and upon its conclusion, fees shall be collected at a rate of two
per thousand of the total value of the property from the relevant parties, each in proportion
to their share, provided that what was paid in advance is calculated.
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B -- A proportional fee of one per thousand of the value
of the claim in the appealed case shall be collected upon the appeal of the judgment.
Article Thirteen -- The provisions of this law shall apply to
the exchange and expropriation values of private and joint endowments
wherever they exist upon the effective date of this law.
Article Fourteen -- The provisions of this law shall not apply to
private and joint endowments if the dedicator is alive, as he has
the right to retract what he has endowed whenever he wishes.
Article Fifteen -- This law shall come into effect from the date
of its publication in the Official Gazette.
Article Sixteen -- The Ministers of State shall implement this
law.
Written in Baghdad on the twenty-fifth day of
the month of Rabi' al-Thani in the year 1374, corresponding to the twenty-second day
of the month of December in the year 1954.
Nuri al-Said
Faisal
Signatures of the Ministers