Gabriel Mordecial Talkar v. Benson Nathan Hyams
Case brief
What is this about?
Bombay High Court; Testamentary and Intestate Jurisdiction; Milind N. Jadhav J; T.P. Nos. 1415 & 1414 of 2022; estate of Salome Benson Hyams; I.A.(L) No. 29628 of 2023; I.A. No. 356 of 2024; disposed 05.12.2025; appointment of Court Commissioner (Arun Sirsat) to open locked flat at Crystal Tower CHS, Parel; panchanama/inventory; videography; removal of additional lock by Caveator; sealing of flat; deposit of keys with Prothonotary & Senior Master; Executor Gabriel Mordecai Talkar; Caveator represented by Pranali Raut; brother of deceased Aaron Daniel Benjamin; Executor to bear Commissioner's fees; compliance listing 19.12.2025.
What did the court decide?
Interim Application No. 356 of 2024 allowed in terms of prayer clause (a), and both Interim Applications (I.A.(L) No. 29628 of 2023 and I.A. No. 356 of 2024) disposed: Court Associate Mr. Arun Sirsat appointed Court Commissioner to open the locked Crystal Tower flat on 14.12.2025 (Sunday) at 11:00 a.m.; Executor, Caveator and brother of the deceased Mr. Aaron Daniel Benjamin to remain present, co-operate and identify the flat; any additional lock put by the Caveator to be removed forthwith; panchanama/inventory with videography to be taken; flat thereafter to be locked and sealed by the Commissioner and keys deposited with the Prothonotary & Senior Master; Executor to bear the Commissioner's fees fixed by the Court after his report; Commissioner may seek further directions; society office-bearers to co-operate; both applications to be listed 'For Compliance' on 19.12.2025.