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Supreme Court of India 2019-04-03 allowed

HAMMAD AHMED vs ABDUL MAJEED

Bench: 2 — Uday Umesh Lalit, Hemant Gupta

In Brief

A dispute arose over who should serve as Chief Mutawalli of Hamdard Laboratories after the death of Abdul Mueed in March 2015. The Appellant claimed he was entitled to the position as the senior-most male descendant of the Wakif Mutawalli under the amended Wakf Deed of 1948. The Respondent argued that primogeniture principles entitled Abdul Majeed (as the eldest son of the former Chief Mutawalli) to the position. The Supreme Court held that the succession to Chief Mutawalli is governed solely by the terms of the amended Deed, which provides for the senior-most male descendant (who is a Mutawalli) to become Chief Mutawalli, not by primogeniture. The Court allowed the appeal, restoring the Single Judge's order granting interim relief to the Appellant.

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Wakf Law Law of Succession Trusts and Trustees Interpretation of Deeds Civil Procedure Interim Relief and Injunctions Muslim Personal Law

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