I have always felt that the Daver-Beaman judgment has been misunderstood and misused.
The matter before their lordships was whether a certain non-Parsi lady, whose navjote had been duly and publicly performed, would be entitled to the use and benefit of properties and trusts created for the benefit of Parsi Zoroastrians. Their lordships held that such a person would not be eligible for the simple reason that such person was not within the contemplation of the settlors of those institutions and trusts, according to whom the Parsi community comprised those as laid down in the judgment. This was a finding of fact on which the judgment was based, and no proposition of law is laid down.
If the trusts and institutions had been created in the 21st century, the settlors may have had, perhaps, different views and much controversy could have been avoided if the judgment had been understood as above.
Even if the finding of fact had been different, the law laid down that only those in the contemplation of the settlors would be eligible for the benefit of institutions and trusts created by them would remain in force.
BEHRAM MASANI
Mhow...