Mumbai: Two Tata trusts asked the deputy charity commissioner of Mumbai to reject former trustee Mehli Mistry's objection to the recording of his exit from their boards, arguing that he no longer qualified as a person having an interest in the trust and, therefore, has no legal right to challenge the change.
Both Sir Dorabji Tata Trust (SDTT) and Bai Hirabai Jamsetji Tata Navsari Charitable Institution (BHJTNCI) also denied allegations of illegality and irregularities in trustee appointments and decisions.
Separately, the BHJTNCI filed an application before the deputy charity commissioner, seeking to replace its reporting trustee, Vijay Singh, with Tata Trusts chairman Noel Tata. Mistry's counsel challenged the application.
Mistry approached the charity regulator after a resolution in October 2025 to reappoint him as a lifetime trustee of SDTT, the Sir Ratan Tata Trust (SRTT) and other trusts did not pass as it did not get unanimous support from the trustees as required under local rules. Chairman Noel Tata and trustee Vijay Singh opposed his continuation.
Term ended
The SDTT denied the allegation that the October 2025 resolution was invalid because of irregularities in the voting process. It said Mistry was appointed as a trustee for three years with effect from October 29, 2022.
The trust also argued that proceedings concerning a report filed before the charity commissioner on the change in trustees should be confined to determining whether his trusteeship ceased upon the expiry of his term, and could not be expanded to examine allegations concerning the composition of the board, the conduct of trustees or breaches of fiduciary duties.
Even if the resolution proposing his reappointment were held invalid, this would not automatically reinstate Mistry as his original tenure had expired, the trust argued.
It said Section 30A of the Maharashtra Public Trusts (MPT) Act, introduced through a 2025 amendment, requires unanimous approval of the surviving trustees for a reappointment. It also caps re-appointment at five years.
The SDTT also denied allegations of unreported changes in its board composition. It said a report concerning the appointment of a trustee without tenure was accepted by the deputy charity commissioner on July 1, 2025. Venu Srinivasan's cessation as a trustee and his subsequent appointment for a three-year term, effective November 12, 2025, were reported in January 2026, it added.
Parsi-only clauses
Mistry opposed an application by BHJTNCI seeking to replace its reporting trustee, Vijay Singh, with Noel Tata.
In written submissions dated October 15, Mistry's advocate argued that the proposed substitute must satisfy the eligibility criteria prescribed under the trust deed dated December 7, 1923. Clauses 6 and 18 of the deed require a trustee to be a practising Zoroastrian of the Parsi faith, according to him. The counsel argued that the substitution application should have been accompanied by an affidavit from Noel Tata declaring that he fulfilled the qualification.
The trust, in its response, also supported the eligibility of trustees Srinivasan and Singh, including questions relating to their religious affiliation.
According to the trust, the original instruments did not impose such restrictions, and the additional eligibility conditions were introduced through the trust deed. BHJTNCI said appointment of non-Parsi trustees had been an established practice for more than 25 years.
Proceedings on all these matters are scheduled to resume on November 5. The SRTT sought an adjournment of the proceedings, stating that it could not file a reply to Mistry's objections because of the charity commissioner's May 15 order, which barred it from making any decision while an inquiry was ongoing.