New Delhi : Mehli Mistry has filed a caveat before the Mumbai charity commissioner after his reappointment as a trustee of Tata Trusts was rejected last week, seeking to ensure he is heard before any change in the Trusts’ board composition is approved. Mistry, who was inducted onto the Trusts’ boards in October 2022 and is also executor of Ratan Tata’s will, has notified all trustees of Sir Dorabji Tata Trust, Sir Ratan Tata Trust and Bai Hirabai Jamsetji Navsari Charitable Institution, including chairman Noel Tata.
These two principal trusts together hold a majority stake in Tata Sons, the holding company of the Tata Group. Under the Maharashtra Public Trusts Act, the Trusts must report any change in their board to the charity commissioner within 90 days. The Trusts have yet to file the change report, suggesting Mistry has moved preemptively to ensure he is served notice once the process begins. Mistry’s reappointment required unanimous approval from all trustees.
Mistry is likely to rely on an earlier unanimous resolution passed on October 17, 2024, which stated that each trustee would be made permanent upon the expiry of their existing tenure. Senior counsel HP Ranina told The Times of India that such a resolution is binding unless it is unanimously rescinded.
A trustee who opposed Mistry’s reappointment argued that the 2024 resolution cannot override fiduciary duties or due process. The charity commissioner’s powers are limited to examining whether the reported change is genuine. An inquiry may be opened only if the dispute leads to a deadlock or allegations of mismanagement.
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