Tata Trusts on Sunday announced that trustees of the Bai Hirabai Jamsetji Tata Navsari Charitable Institution have decided to initiate proceedings to amend restrictive clauses in the trust deed, including provisions that bar non-Zoroastrians from being appointed as trustees.
The move comes amid a growing controversy over appointments to the trust’s board, which was recently challenged by former trustee Mehli Mistry before the Maharashtra Charity Commissioner. Mistry had questioned the inclusion of industrialist Venu Srinivasan and former defence secretary Vijay Singh, alleging they did not meet eligibility criteria outlined in the trust deed.
Move to amend ‘restrictive clauses’
In an official statement, Tata Trusts said the board of the Bai Hirabai Trust met on April 17, 2026, under the chairmanship of Noel N Tata. During the meeting, trustees reviewed recent developments and media reports concerning the trust and discussed the need to address certain provisions in the deed.
“In order to correct anomalies in the Trust Deed and to align it with the values that the Tata Trusts have always epitomised, the trustees have decided to adopt proceedings before the appropriate authority for alteration of restrictive clauses in respect of eligibility of trustees,” the statement said.
The trustees emphasised that the organisation has historically upheld inclusive and secular values, with a strong focus on philanthropy and service. The statement noted that non-Zoroastrians have been appointed to the trust since 2000 based on legal advice, even though older provisions in the deed imposed restrictions.
Controversy over appointments continues
The issue gained traction after Mistry’s complaint argued that the appointments violated conditions such as adherence to the Parsi Zoroastrian faith and residency requirements. While Venu Srinivasan has since stepped down citing other commitments, he later acknowledged doing so at the request of Tata Trusts management.
People familiar with Mistry’s position said the move to amend the clauses effectively acknowledges the existence of restrictive provisions in the current trust deed. They also pointed out that any change would require approval from the appropriate authority, especially given the trust’s long legal history.
“It is a fact that the Trust Deed made in 1923 by the then trustees, contained restrictive clauses that, amongst other things, prohibited non-Zoroastrians from being trustees of the Bai Hirabai Trust. These provisions imposed restrictions not provided for by Sir Ratan Tata’s Codicil.”
The Bai Hirabai Trust traces its origins to a 1916 codicil to the will of Sir Ratan Tata. Tata Trusts clarified that the original codicil did not impose restrictions based on religion or ethnicity and that similar limitations do not exist in other trusts such as the Sir Ratan Tata Trust or the Sir Dorabji Tata Trust.
The development has placed the functioning and governance of legacy charitable institutions under scrutiny, even as Tata Trusts reiterated confidence in its CEO Siddharth Sharma and ongoing administrative processes.