Dawoodi Bohra succession suit: Bombay HC upholds Syedna Saifuddin’s claim
The Bombay high court held that Syedna Mufaddal Saifuddin has proved that he was validly appointed by the 52nd Dai (spiritual leader of the community) as his successor
The Bombay high court on Tuesday dismissed the Dawoodi Bohra succession suit originally filed by late Syedna Khuzaima Qutbuddin and followed up by his son Syedna Taher Fakhruddin and held that Syedna Mufaddal Saifuddin has proved that he was validly appointed by the 52nd Dai Al-Mutlaq (spiritual leader and head of the community) as his successor.
The Dawoodi Bohras are a 1.5 million-strong sect within the Ismaili branch of Shia Islam.
Qutbuddin filed the suit in March 2014 for a declaration that he was appointed as the 53rd Dai, claiming that he was conferred ‘nass’ (the official succession declaration of the Dawoodi Bohra sect) by the 52nd Dai and his half-brother Syedna Mohammad Burhanuddin in December 1965. He said in spite of the ‘nass’ conferred on him, Saifuddin, the son of the 52nd Dai, had announced himself to be the 53rd Dai after the demise of his father on January 17, 2014, and took control over the community and its properties.
Qutbuddin also sought a declaration that as the 53rd Dai, he was also entitled to administer, control, and manage all the immovable and movable properties and assets of the Dawoodi Bohra Community, and was entitled to Saify Mahal situated at AG Bell Road in Malabar Hill, which houses the official office-cum-residence of the Dai.
Besides, the plaintiff also sought restraint on Saifuddin from obstructing him from entering Saifee Masjid, Raudat Tahera, and all other community properties, such as mosques, Dar ul-Imarats, community halls, mausoleums, schools, colleges, hospitals, cemeteries, offices etc.
Saifuddin, on his part, claimed that he was appointed by the 52nd Dai as his successor. He said that he was conferred ‘nass’ by his father while in a London hospital in 2011, and a fortnight later, his father publicly announced his succession in Mumbai.
Even as the high court commenced the trial, Qutbuddin passed away on March 30, 2016, after which his eldest son and “successor”, Syedna Taher Fakhruddin, was substituted as the Plaintiff in his father’s suit. He in turn sought a declaration that he was the 54th Dai, claiming that he was conferred ‘nass’ by his father before his demise and hence he was the subsequent head of the community.
At the trial, both sides presented their evidence and made elaborate submissions on their respective claims. The final hearing in the case started on November 28, 2022 and went on for 46 full days, in which both sides presented detailed arguments in support of their respective claims. The final hearing concluded on May 4, 2023, when the court reserved its order.
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