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{rooh afza case study}

Author - Associate Megha Motwani

{rooh afza case study}

Introduction {rooh afza case study}
Rooh Afza {rooh afza case study} the highly demanded summer refreshment syrup which is in talk these days due to its acute shortage in the markets has taken its toll on social media. The refresher drink is made by a company named Hamdard Laboratories India since 1907. The shortage is claimed to be due to the dispute between the Hamdard’s founder Hakim Hafiz Abdul Majeed’s grandson Abdul Majeed and his cousin Hammad Ahmed. However, Mansoor Ali, chief sales and marketing officer at Hamdard brush off such assertions regarding the ongoing family rift and rather puts forth that the production has been stalled due to the non-availability of certain herbal ingredients. |{rooh afza case study} |

Facts {rooh afza case study}
Hamdard was established in 1906 by Hakim Hafiz Abdul Majid and after his death in 1922, the company was left to his direct successors i.e., his wife and two sons Mst. Rabea Begum and two sons, Haji Hakim Abdul Hamid and Hakim Mohd. Sayeed. These three in order to manage the affairs of Hamdard executed a "Wakf Deed" in 1948. 

The deed provided that there can be maximum of two trustees and with the deed the two sons provided to themselves the right to manage the affairs of the company jointly and also gave themselves the right to appoint someone else as Trustee against the terms of the Trust Deed. It also provided that in case there’s only one Trustee alive then he will have this right alone to decide regarding the right of inheritance. However, if there are two trustees and if any Trustee dies then the deceased Trustee will be replaced by his eldest son and if out of the trustees anyone son is minor or he is not capable to fulfill the duties of the trustees then till that son becomes major and capable to fulfill the duties of trustees the sole trustee will manage all the works of the Trust alone. 

In 1948 Hakim Mohd. Sayeed migrated to Pakistan leaving Haji Hakim Abdul Hamid, the founder's eldest son, behind to became the Wakif only Mutawalli (founding head of the Trust). In 1964, he appointed his two sons Abdul Mueed (born in the year 1935) and Hammad Ahmed (born in 1945) as "Mutawallis" or trustees. - in the rooh afza case study.

In 1995, Haji Hakim Abdul Hamid appointed his grandsons Abdul Majeed (born on 23.12.1969), the eldest son of Abdul Mueed and Hamed Ahmed (born on 25.3.1977), the eldest son of Hammad Ahmed (the current interim CEO) as the fourth and fifth Mutawallis of the trust. Such appointments were made according to the amendments made in 1973 to the 1948 deed 

Haji Hakim Abdul Hamid died in 1999, after which his eldest son Abdul Mueed took over as Chief Mutawalli or head of the Trust. Abdul Mueed, in turn, appointed Asad Mueed, his younger son born in 1973, as the fifth Mutawalli.

In 2015 after Abdul Mueed passed away Sajid Ahmed son of Hammad Ahmed (born on 5.6.1978) was appointed as fifth Mutawalli by Hammad Ahmed claiming himself to be the Chief Mutawalli after the death of Abdul Mueed. Hammad Ahmed being the senior-most surviving male descendant of the Wakif Mutawalli, contended that according to the deed he is entitled to take over as Chief Mutawalli. Accordingly, in October 2017 the single judge bench of the Delhi High Court ruled in favor of Hammad Ahmed. Thereafter, several appeals were made but eventually, the Supreme Court gave Hammad Ahmed the green light to temporarily run the affairs of Hamdard, until the main suit is decided by the Delhi High Court.

Judgment {rooh afza case study}
Since there is no rule of primogeniture and the Deed as amended in the year 1973 has not changed the basic concept of Wakf Management in the hands of two sons of Wakif Mutawalli and their successors with the condition that the senior most male descendant will be the Chief Mutawalli, therefore, Abdul Mueed, the senior most male descendant, after the death of Wakif Mutawalli was rightly designated as Chief Mutawalli and after his death, by virtue of the Deed, the Appellant Hammad Ahmed  has rightly declared himself to be the Chief Mutawalli.

Conclusion: Applicability of Primogeniture on Muslims {rooh afza case study}
Under Muslim personal law, lineal primogeniture does not apply. Moreover, the objective of the deed was also clear that the senior most male successor who is also a mutawalli must take charge of the chief mutawalli. Thus, Hammad Ahmed undisputedly must take charge. 

The rooh afza case study.