Former Tata Trusts trustee Mehli Mistry has challenged Tata Trusts’ bid to amend the eligibility clauses of the century-old Bai Hirabai Trust deed, saying that the move to alter was itself an admission of the deed’s clarity, with “no alternative interpretation” possible. He said the legal success for such an amendment appeared remote.
The 1923 deed, Mistry’s statement said, unambiguously restricts trustees to “practising Zoroastrians residing in Mumbai or Navsari.”
The statement also questioned the current board’s legitimacy. Composed of “non-practising or non-Zoroastrian” individuals, it allegedly violated the deed’s terms and demands immediate reconstitution in full compliance.
He said the trust’s assets reportedly include a Zoroastrian fire temple, whose religious significance imposes stringent constraints on relaxing eligibility rules. Any change would necessitate an application to the Maharashtra Charity Commissioner, involving hearings for all stakeholders.
Any order passed thereafter could only apply prospectively, not retrospectively, he added.
For verification, Mistry said, trustees need only produce Aadhaar cards and sworn affidavits attesting to their practising Zoroastrian status in Mumbai or Navsari. “Failure or reluctance to furnish such basic documentation gives rise to serious concerns and warrants appropriate scrutiny,” the statement said.
On Sunday Tata Trusts said it would scrap the eligibility restrictions in the Bai Hirabai Trust deed to make it inclusive.
Published on April 20, 2026