Immelda Mendes v. Olivia Dsa (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18th December, 2025 CALLED FOR HEARING :

TP/5043/2024 WITH WILL/2010/2024 Mr. Atish Mahade i/b. Joseph Kelwadi, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Immelda Mendes being one of the Executrices named under the Will of deceased. The deceased namely Olivia Dsa died at Mumbai on 19.01.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 28.11.2015. The said Will is in English language. The last page of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executrices and Affidavit of renouncing / reserving the rights of another executrix namely Noella Santamaria is not filed. Residuary clause in respect of properties of deceased is mentioned at last para of first page of the Will.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by five daughters. Out of them one daughter is petitioner herein and Consent Affidavits of four daughters namely Charlotte, Noella, Elizabeth and Fabiola are not filed. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Sharon Rodrigues dated 09.03.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 28.11.2024 is filed. Delay is explained and the same is condoned.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is ready for final grant. Hence, remove from board. 18.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR