The Bai Hirabai Foundation is a subsidiary of SRTT, a major shareholder of Tata Sons, which runs the $180 billion Tata group. It was established under the will of Sir Ratanji Tata, the second son of Tata Group founder Jamsetji Tata, who bequeathed property in Navsari, Gujarat – the ancestral home of the Tata family – to the foundation. The property was intended for the use of the Parsi community, to serve as a recreational ground, a nursing home or a hospital.In his objection application to the Maharashtra Charitable Trust Commissioner on Friday, Mistry said that in view of the alleged “irregularities” in the management of the foundation, an administrator should be appointed to replace the current board of trustees, which includes Noel Tata, Jimmy Tata, Jehangir Jehangir and Darius Khambatta. His trusteeship at the foundation was not renewed last year after Noel, Srinivasan and Singh voted against it.
All six of these individuals also serve on the SRTT Board of Directors, whose term has also not been extended. Mistry cited paragraphs 6 and 18 of the 1923 instrument, saying: “No person who is not of the Zoroastrian faith shall be appointed as a trustee, and if any trustee ceases to profess the Zoroastrian faith, he will cease to be a trustee, as if he were ‘dead’. Likewise, any person who ceases to reside permanently in the Bombay Presidency will also cease to be a trustee.”He asserted that Srinivasan, the honorary chairman of TVS Motor, and Singh, the former defense minister, “never were, and cannot be, of the Parsi Zoroastrian faith” and do not have any permanent residence in Mumbai. Both have never met both requirements and are “expressly ineligible to serve as guardians.”Mistry, a Parsi Zoroastrian with permanent residence in Mumbai, said all trustees must submit affidavits confirming that they meet the qualifications under Sections 6 and 18, ensuring strict compliance with the trust deed.
He urged the commissioner to “commence a detailed investigation… by demanding an affidavit from every applicant.”Mistry stressed that the appointments of Srinivasan and Singh were invalid from the beginning, and that any actions they took as guardians, including their vote against extending the guardianship, were not in law and without authority. His objection on Friday comes on the heels of the Bai Hirabai Foundation submitting a change report to the commissioner, reflecting the revised board composition after the trusteeship extension was denied.
Mistry said his term was not renewed “without giving any reason” and said the change report was not sustainable as it contravened the deed of trust.According to him, if the unqualified trustees were excluded, the total number of trustees would fall below the minimum requirement of five trustees under the trust deed. He also added that “no meetings have been held” at the Bai Hirabai Foundation “over the past two years, without consideration of the consequences for the beneficiaries of the trust or its legacy of public and charitable works.”
The Commissioner was asked to take minutes of all meetings held during this period and examine all records.
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Mistry clarified that his aim is only to expose the alleged illegal action of the institution and does not aim to restore him to his position. Mistry said his move was motivated by a commitment to uphold the principles of Sir Ratanji Tata’s will, honor the legacy of his ancestors, and protect the charitable mandate of the Foundation entrusted to it by former President Ratanji Tata for the welfare of the Parsi community.
Noel and Srinivasan did not respond to an email inquiry, while Singh declined to comment.