Supreme Court Settles Hamdard Chief Mutawalli Dispute: Seniority Principle Prevails Over Primogeniture
Background and Context of the Dispute
Hamdard Laboratories (India), formerly called Hamdard Dawakhana, became the centre of a significant legal battle following the death of its undisputed Chief Mutawalli, Abdul Mueed, on 19.03.2015. The core question before the Supreme Court of India was deceptively straightforward yet legally complex: who holds the rightful authority to discharge the duties of Chief Mutawalli in the aftermath of Abdul Mueed's passing?
The institution traces its origins to Hakim Hafiz Abdul Majid, who established the Hamdard business as a sole proprietor in 1906. After his death on 22.06.1922, his wife Mst. Rabea Begum and two sons — Haji Hakim Abdul Hamid and Hakim Mohd. Sayeed — executed the foundational Wakf Deed dated 28.08.1948 to govern the management of Hamdard's affairs. The structure of that deed, and its substantial amendments incorporated through a declaration dated 02.07.1973 (countersigned on 26.06.1973), became the central texts around which the Supreme Court built its reasoning.
The Two Competing Claims
Hammad Ahmed's Position
Hammad Ahmed — the Appellant before the Supreme Court and the younger brother of the late Abdul Mueed — contended that upon Abdul Mueed's death, he, being the living senior-most male direct successor of the Wakif Mutawalli, was entitled to assume charge as Chief Mutawalli. Accordingly, he issued an office order on 20.03.2015, declaring himself Chief Mutawalli.
He filed Civil Suit No. 211 of 2017 on 08.05.2017 seeking:
- A declaration that Respondent No. 1, Abdul Majeed, had forfeited his position as Mutawalli due to breach of obligations under the Wakf Deed
- A permanent injunction restraining Abdul Majeed from continuing as Mutawalli
- A declaration that all actions taken by Abdul Majeed and Asad Mueed after 20.03.2015 were null and void
He also filed an interlocutory application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, seeking among other things:
- Release of salary arrears for all Mutawallis from September 2016 onwards
- Authority to operate Hamdard's bank accounts as sole signatory
- Handover of passwords for domain names
www.hamdard.com,www.hamdard.in, andwww.hamdardindia.com - Handover of the email server password
- Disclosure and transfer of the ERP (Enterprise Resource Planning) Admin Control Password
Abdul Majeed's Counter-Claim
Abdul Majeed — Respondent No. 1 and the elder son of the late Abdul Mueed — also issued an office order on 23.03.2015 declaring himself Chief Mutawalli and proceeded to write letters to banks and various authorities on that basis.
Separately, Asad Mueed (the younger son of Abdul Mueed and Plaintiff in Civil Suit No. 162 of 2017 filed on 29.03.2017) sought the removal of Hammad Ahmed and his son Hamed Ahmed from their positions as Mutawallis, citing grounds of malfeasance and misfeasance in the management of Hamdard.
Foundational Documents: The 1948 Deed and Its 1973 Amendments
The 1948 Deed
The original Wakf Deed dated 28.08.1948 established the management framework for Hamdard. Key provisions included:
- Both Haji Hakim Abdul Hamid and Hakim Mohd. Sayeed would jointly act as Trustees during their lifetimes
- Upon the death of either Trustee, the eldest son of the deceased would step in as replacement
- Successors to the Trusteeship were to be drawn from the sons of the original Trustees, proceeding generation by generation
- In the absence of capable male successors, male descendants of female heirs could be appointed; failing that, a capable female descendant; and only in the complete absence of any such person could the Majlis-e-Ayan appoint an outsider
Hakim Mohd. Sayeed migrated to Pakistan in 1948, and his share was declared evacuee property on 06.08.1948. That share was subsequently purchased by Hamdard for the Wakf Quami on 22.06.1950, leaving Haji Hakim Abdul Hamid as the sole surviving Wakif Mutawalli.
The 1973 Amendments — The Critical Text
The Wakif Mutawalli, in 1964, had appointed his two sons — Abdul Mueed (born 1935) and Hammad Ahmed (born 1945) — as Mutawallis. Subsequently, a comprehensive amended declaration was issued on 02.07.1973, which substantially revised the 1948 Deed. The key amended clauses that became the battleground of this litigation are reproduced below:
**Clause 1 (as amended)😗*
"The senior most among the male descendants of the Wakif-Mutawalli who shall be holding an office of Mutawalli will be the Chief Mutawalli. After the Wakif-Mutawalli ceases to be Mutawalli, every Chief Mutawalli shall have the same rights and duties of administration of the Wakf and power of making regulations therefor as are provided in this Deed for the Wakif-Mutawalli..."
**Clause 3 (as amended)😗*
"The First Chief Mutawalli will be appointed by Wakif-Mutawalli. And thereafter the senior most male descendant in line of succession (of Wakif-Mutawalli) and then holding an office of Mutawalli will be the Chief Mutawalli... This Chief Mutawalli will be the Sadar (President) of the Majlis-e-Ayan and the descendant second in seniority to the Chief Mutawalli will be its Nazir (Secretary)."
**Clause 42-A (as amended)😗*
"Mr. Abdul Mueed and Mr. Hammad Ahmed, sons of Wakif Mutawalli Hakim Abdul Hameed, are nominated as his successors under the terms of this Deed. They are the two other Mutawallis of this Wakf appointed by the Wakif Mutawalli. They will act as Chief Mutawalli and Mutawalli respectively..."
Clause 6(2) — Disqualification Provision:
"He is dishonest, addicted to alcohol, gambling or has been convicted of some crime involving moral turpitude..."