Bai Hirabai Trust Eligibility Dispute: Mistry Asserts Zoroastrian Trustee Requirement
Trustee Controversy
Mehli Mistry, a former trustee of Tata Trusts, has raised concerns regarding the Bai Hirabai Trust’s recent decision to modify its eligibility clauses. This modification, he asserts, acknowledges that the trust deed explicitly limits trusteeship to practising Zoroastrians who are residents of either Mumbai or Navsari.
Mistry’s comments come in light of the current trustees of the Bai Hirabai Trust, who he claims are either non-practising or not Zoroastrian, thereby constituting a board that does not adhere to the stipulations of the trust deed. He emphasized that the board needs to be reconstituted to align with these provisions.
Recent Developments
Tata Trusts announced on Sunday that the board of the Bai Hirabai Trust intends to eliminate restrictive eligibility clauses in order to align with the policies set by other Tata group trusts. Mistry has challenged the inclusion and ongoing tenure of two current trustees, Venu Srinivasan and Vijay Singh, on the grounds that they do not belong to the Zoroastrian faith, which he feels is in violation of the trust’s foundational agreements.
Mistry underscored that any amendments to the trust deed would necessitate a formal application to the Maharashtra Charity Commissioner, who will review the claims from all concerned parties. He noted that any directives resulting from this process would be enforceable only from the date of the order, and would not have retrospective applicability.
Legal Implications
The former trustee asserted that the language within the trust deed does not allow for varied interpretations, suggesting that efforts to change a trust deed that has been in place for over 103 years are likely not to succeed in a legal context. Mistry pointed out that any attempt to modify the trust’s eligibility criteria faces significant legal hurdles.
Additionally, Mistry addressed the religious components of the Bai Hirabai Trust, stating that its assets include a Zoroastrian fire temple. He warned that the religious significance of this asset adds complexity to proposals aimed at modifying or relaxing the established eligibility criteria for trustees.
