WHAT IS THE GALLEY-MÜSTAHAK FOUNDATION?
Although “Galley-Müstehak Vakıf Oğlu” is a detailed subject, it refers to the person who will be a party to the “Galley-Müstehak Vakıf Oğlu Case.” Although the term ‘galley’ is used in fiqh reform to refer to all waqf revenues, in legal dictionaries it means “income, revenue.”
The revenues of the foundation include all movable and immovable properties belonging to the foundation, the revenues of commercial enterprises, their benefits, etc. These individuals have the right and interest to benefit from all these revenues to a certain extent. The degree and manner in which these individuals benefit from these revenues may be determined by the rules specified in the charter.
Following the above explanations, it should be noted that although there is no rule stating that every foundation child will benefit from these revenues, certain conditions apply. The first of these is the filing of a “Valuable Foundation Child” lawsuit based on the right of usufruct.
There are two conditions in this lawsuit:
The condition of being a Foundation Child,
Meeting the conditions specified in the charter.
Although the criteria and conditions specified in the foundation’s bylaws may vary from foundation to foundation, in general:
Specific individuals and their lineages may be specified. The children of these individuals may also benefit from the galle.
Only the name may be specified. In this case, only the person whose name is mentioned may benefit from the galle.
Certain special conditions may be imposed. For example, being from the village of Mahmutsey in Alanya, being a veterinarian, or engaging in certain charitable activities, etc.
If a conflict arises between these special and general conditions, the latter condition shall be considered the founder’s original will and shall therefore invalidate the former.
Such as terms and conditions.
Even if a person who is the beneficiary of the foundation meets all the conditions, another condition required to be eligible for the inheritance share is that the excess of the foundation’s inheritance share is covered. In other words, after all the foundation’s basic expenses are deducted, the remaining portion of the inheritance share can be used.