Former Tata Trusts trustee Mehli Mistry has challenged Tata Trusts’ decision to seek changes to the Bai Hirabai Jamsetji Tata Navsari Charitable Institution (BHJTNCI) trust deed, arguing that the move itself amounts to an admission that the existing document restricts trusteeship to practising Zoroastrians residing in Mumbai or Navsari.
In a statement issued Monday, Mistry said the 1923 trust deed was “clear and unambiguous” in limiting eligibility and did not permit any alternate interpretation. “Any attempt to amend a trust deed of such antiquity, being over 103 years old, is highly unlikely to succeed in law,” Mistry said.
Backdrop of Mistry’s remarks
The remarks come a day after Tata Trusts said it would approach the appropriate authority to alter what it described as restrictive clauses in the deed, maintaining that such conditions were not part of Sir Ratan Jamsetji Tata’s 1916 codicil which provided for the composition of the trust’s board, and were inserted later.
Mistry further argued that the trust’s assets include, to the best of his knowledge, a Zoroastrian fire temple, whose religious character would complicate any move to dilute or relax eligibility norms.
He said any amendment would require proceedings before the Maharashtra Charity Commissioner, where all concerned parties would have the opportunity to be heard. Any order, if passed, could only operate prospectively and not retrospectively, he added.
“Accordingly, the present board of trustees of Bai Hirabai, comprising individuals who are either non-practising or non-Zoroastrian, is not constituted in accordance with the trust deed,” Mistry said.
He added that eligibility of the current trustees could be established through Aadhaar cards and sworn affidavits confirming compliance with the deed. Any failure or reluctance to provide such documentation warranted scrutiny, he said.
Tata Trusts in its statement on Sunday pointed out that non-Zoroastrians had been appointed to the trust since 2000 based on legal advice and that the proposed amendments were intended to correct anomalies and align the deed with the group’s inclusive values.
The issue gained prominence after Mistry wrote to the Charity Commissioner of Maharashtra raising objections to the appointments of trustees Venu Srinivasan and Vijay Singh on religious and residency grounds. Mistry has since then flagged governance issues at Sir Dorabji Tata Trust (SDTT) and sought the appointment of an administrator to run the trust.
The SDTT and SRTT along with smaller trusts constitute the Tata Trusts body which controls 66% in Tata Sons, the holding company of all Tata Group businesses. SDTT is the single largest stakeholder with approximately 28% stake, followed by SRTT with around 24% stake.