Abdul Rashid Kathiwalla v. Idris Rashid Kathiwalla (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 20th June, 2025 CALLED FOR DIRECTION:

46.TP/3448/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vikram Deshmukh a/w. Ms. Deveesha Tudekar i/b. Naik Naik & Co., Ld. Advocate for the Petitioner. P. C. :

1. Ld. advocate for the petitioner submits that the locker, mentioned in the schedule-II at Sr. 77, is situated at Oman and therefore, he came with suggestions that, -

1. the petitioners may be permitted to delete the same, or

2. the petitioners may be allowed to file the affidavit stating that after obtaining the Letters of Administration, they will file the detail inventory thereof, or

3. petitioners may be permitted to file the affidavit stating the details of articles lying therein, if permissible and possible.

2.

However, it is procedure that in a petition, all properties of the deceased to be mentioned and therefore petitioners can not be permitted to delete the locker.

3.

However, in respect of other two suggestions, this office has no such power to grant the permission. Furthermore, as the locker is situated out side India, only the Hon'ble Court has power to issue directions in respect of the inventory of the Locker. Hence, it would be proper for the petition to seek directions from the Hon'ble Court

4. S. O. to 27.06.2025.

Officer on Special Duty, with Testamentary Department 20.06.2025