Mihli Mistry raises questions over Noel Tata's citizenship, approaches Charity Commissioner

Mihli Mistry has raised serious questions regarding the citizenship and tax residency status of Tata Trusts Chairman Noel Tata. According to a Businessline report, amidst an ongoing legal dispute following his removal from three trusts, Mistry filed a representation before the Maharashtra Charity Commissioner (CCM) on Thursday. In this representation, he defended his right to object to the change reports filed by Tata Trusts concerning the termination of his trusteeship.

The dispute began last month when Tata Trusts referred to Mistry's UK citizenship and UAE tax residency status. Tata Trusts argued that Mistry lacks the necessary legal standing (locus standi) to raise objections against the change reports submitted by the Sir Dorabji Tata Trust (SDTT) and the Bai Hirabai Jamsetji Tata Navsari Charitable Institution.

In response, Mihli Mistry counter-attacked, stating that Noel Tata is an Irish citizen and holds a UAE Golden Visa. Mistry has requested the Charity Commissioner to direct Noel Tata to file an affidavit clarifying these facts. In his representation, Mistry stated, “If foreign citizenship and foreign residence are considered relevant matters, they must be scrutinized with the same rigour in the case of the trustee [Tata]. The Trust cannot claim exemption from scrutiny for its own trustee while demanding scrutiny of the objector [Mistry].”

Questions regarding religion and residence have also emerged in this case, as Mistry and Tata Trusts hold differing views on the eligibility criteria for the trusteeship of the Bai Hirabai Trust. Mistry has emphasised the trust deed, which limits trusteeship to Parsi Zoroastrians. On the other hand, Tata Trusts argued that these conditions contradict the original will and codicil governing the trust and should therefore not be relied upon.

Mihli Mistry had previously stepped down as a trustee after board members voted against his reappointment in three trusts, including the Sir Ratan Tata Trust. Subsequently, Tata Trusts filed change reports notifying the Charity Commissioner. In June, Mistry raised objections to these reports and pointed out issues of mismanagement within the trusts. However, Tata Trusts dismissed these objections as irrelevant. Defending his position, Mistry stated that he is neither a stranger nor an unnecessary interloper, and the Trust's preliminary objection regarding locus standi is incorrect.

Additionally, in response to the submission by the Sir Dorabji Tata Trust, Mistry has questioned the validity of Venu Srinivasan's vote in the board meeting held last October. According to Mistry, Srinivasan's term as a trustee ended on October 23 and his reappointment took place on November 12. Therefore, Srinivasan was not entitled to vote in the meeting held on October 28 regarding Mistry's reappointment.

Tata Trusts has not yet reacted to Mistry's latest filing. The Charity Commissioner will conduct a hearing on the matter on December 3.