Will of 49th Dai proves nass can be changed: Defendant

Fredun Di’Vitre, counsel for defendant Syedna Mufaddal Saifuddin, submitted that the plaintiffs had raised doubts about the will because of the change in handwriting.

Mumbai: The Bombay high court on Tuesday was informed that the 49th Dai’s will proved that change in nass, which was divinely inspired, was accepted in the Dawoodi Bohra faith.

Justice Gautam Patel was informed that in the last leg of his life, the 49th Dai had called his sons and high-ranking officials to witness his will. At the time, he had named Abde Ali Mohiyuddin as his successor based on divine inspiration and signed the will. Three witnesses had also signed. (Getty Images)

Fredun Di’Vitre, counsel for defendant Syedna Mufaddal Saifuddin, submitted that the plaintiffs had raised doubts about the will because of the change in handwriting. However, he explained, part of the will was in the hand of the 49th Dai but because of his failing health, the latter part was penned by his son, who later became the 51st Dai.

Justice Gautam Patel was informed that in the last leg of his life, the 49th Dai had called his sons and high-ranking officials to witness his will. At the time, he had named Abde Ali Mohiyuddin as his successor based on divine inspiration and signed the will. Three witnesses had also signed.

However, four months later, the leader called the witnesses again and as he was unable to write, verbally informed them that he was conferring nass on Syedna Abdullah Badruddin. The leader’s son, Syedna Taher Saifuddin, recorded the oral nass on the last page of the will.

Di’Vitre stated that the defence witnesses, who are also related to the Dai’s family, had confirmed the handwriting of the 49th and 51st Dais, and hence there was no question of the document not being reliable. The bench was further informed that the 52nd Dai had also spoken in his sermons about the change in nass wrought by the 49th Dai.

The senior counsel further referred to a document penned by the 51st Dai in 1937 before he embarked on a pilgrimage. In the document, he stated who his successor was, and in the event of the latter’s death who would be the replacement. The 51st Dai had even named a third person as the second one’s replacement in case of the latter’s untimely death.

Di’Vitre informed the bench that this was another instance of nass being changed. However, Justice Patel said that the document could not prove change in nass but could prove that nass was like a will, wherein the Dai was naming the persons who would carry on the duty of heading the community in the event of the untimely passing of himself or those he was appointing. Justice Patel said that travelling in that period was filled with dangers and hence the Dai was naming alternatives to succeed him.

After accepting the suggestion, Di’Vitre informed the bench that the instance was also being cited to show that the name of the successor/s was pre-ordained and mentioned in the Divine Book, and hence the Dai was naming multiple successors.