Mehli Mistry challenges ouster from Tata Trust

Mumbai: Former Tata trustee Mehli Mistry has challenged his removal as a trustee of Bai Hirabai Jamsetji Bai Hirabai Charitable Institution (BHJTNCI), arguing that the decision was invalid and that some trustees who voted against his reappointment were themselves ineligible.

In a series of rejoinders filed with the deputy charity commissioner for Greater Mumbai Region, Mistry has argued that the trust deed does not prescribe a fixed tenure for trustees or specify citizenship or tax residency as a qualification for trusteeship.

He also accused Sir Dorabji Tata Trust (SDTT) of attempting to prevent scrutiny of alleged governance lapses, including commissions and financial benefits received by trustees. The matter has been adjourned to December 3. Challenging the recording of his cessation as a BHJTNCI trustee with effect from October 28, 2025, Mistry argued that neither the trust's 1913 will nor its 1923 trust deed prescribes a fixed tenure for trustees.


The trust's position that his three-year term had expired relied on a 2022 circular and appointment letter, but neither of them can override the governing instruments, he argued.

Citing Clause 23 of the deed, Mistry said vacancies arise on grounds including death, permanent residence outside the Bombay Presidency, insolvency, renunciation of faith and unfitness, but not on expiry of a fixed term. The codicil also says trustees "shall always be trustees," he added.

Mistry argued that he is not a "tenure trustee" under Section 2(17A) introduced through an 2025 amendment and that Section 30A(1), therefore, does not apply to him. He also cited the trust's annexures, which allegedly show different renewal periods for other trustees, including about two years for Vijay Singh and less than two years for Venu Srinivasan.

"The trust cannot use Section 30A(1) as a sword to oust the objector on October 28, 2025, and, in the same breath, ignore that very provision when its own vice chairman (Singh) acted in breach of it on that very day. A party cannot approbate and reprobate," Mistry said in his submission.

He also cited a resolution passed on October 17, 2024, at a joint meeting of SDTT and Sir Ratan Tata Trust trustees, shortly after Ratan Tata's death. The resolution provided for trustees to be reappointed on expiry of their terms without any limit on tenure, he said.

The trust deliberately omitted it from its reply to his complaint, Mistry claimed. He urged the authority to reject BHJTNCI's change report against him as "illegal, non-est and contrary to the trust deed."

According to Mistry, Circular Resolution No 671 of October 23, 2025, proposing his reappointment, was approved by Jehangir H C Jehangir and Darius Khambata but was not approved by Noel Tata, Venu Srinivasan and Vijay Singh. Jimmy Tata did not respond.

He said the trust failed to follow the 2024 resolution's requirement of unanimous approval.

In a 24-page rejoinder filed under Section 22 of the Maharashtra Public Trusts Act, 1950, Mistry also contested the trust's objections to his citizenship and tax residency, saying the will, codicil or trust deed does not prescribe these as criteria for trusteeship.

"If foreign citizenship and overseas residence are to be treated as relevant considerations, they must be examined in relation to the reporting trustee with equal rigour," he further said and alleged that Noel Tata, the current reporting trustee, is an Irish citizen, a UAE tax resident and a UAE Golden Visa holder.

He sought an affidavit from Tata detailing his citizenship and tax residency history, including whether he has held a Swiss passport.