Bombay High Court Upholds Syedna Mufaddal Saifuddin’s Succession Claim

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The Bombay High Court has ruled in favor of Syedna Mufaddal Saifuddin in a succession dispute within the Dawoodi Bohra community, rejecting the opposing claim.

Bombay High Court Upholds Syedna Mufaddal Saifuddin’s Succession Claim

Mumbai: Today (23rd April): The Bombay High Court dismissed a suit challenging the position of Syedna Mufaddal Saifuddin as the 53rd religious leader, or ‘Dai-al-Mutlaq,’ of the Dawoodi Bohra Community. Justice GS Patel pronounced the judgment, dismissing the claim made by Taher Fakhruddin, the nephew of Syedna Mufaddal Saifuddin.

Background:

The Dawoodi Bohras, a sect within the Ismaili branch of Shia Islam, have been embroiled in a dispute over the leadership succession within their community. The suit was initially filed by Syedna Khuzaima Qutbuddin in March 2014, asserting that he was rightfully appointed as the 53rd Dai Al-Mutlaq by the 52nd Dai Al-Mutlaq, his half-brother Syedna Mohammad Burhanuddin.

Syedna Khuzaima Qutbuddin claimed that he received the official declaration of succession, known as “nass,” from the 52nd Dai in December 1965. However, Syedna Mufaddal Saifuddin, the son of the 52nd Dai, declared himself as the 53rd Dai following the demise of his father on January 17, 2014. He assumed control over the community and its properties, disregarding Qutbuddin’s claim.

The lawsuit filed by Qutbuddin sought a declaration that he was the rightful 53rd Dai Al-Mutlaq, with the authority to administer and manage all the assets and properties of the Dawoodi Bohra Community. He also sought a restraint on Syedna Mufaddal Saifuddin from obstructing his access to various community properties, including Saify Mahal, the official office-cum-residence of the Dai al-Mutlaq, situated at AG Bell Road in Malabar Hill, Mumbai.

However, during the trial, Qutbuddin passed away in 2016. Subsequently, his son, Syedna Taher Fakhruddin, filed an application in the High court seeking to continue the suit on behalf of his father. Fakhruddin claimed that he had received the nass from his father, asserting his right to be recognized as the 54th Dai.

Syedna Mufaddal Saifuddin maintained that he was validly appointed as the successor by the 52nd Dai, and he assumed the office of Dai al-Mutlaq after his father’s passing. He justified his claim by stating that his father conferred the nass upon him while in a London hospital in 2011 and publicly announced his succession in Mumbai two weeks later.

After considering the arguments and evidence presented by both parties, the Bombay High Court dismissed Taher Fakhruddin’s claim, upholding Syedna Mufaddal Saifuddin’s position as the 53rd Dai-al-Mutlaq of the Dawoodi Bohra Community.