Immelda Mendes v. Olivia Dsa (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th January, 2026 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 another executrix namely Noella Santamaria has renounced her rights to act as an Executrix and Affidavit dated 14.07.2025 is filed to that effect. 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 remaining four daughters namely Charlotte, Noella, Elizabeth and Fabiola have given their consents in favour of petitioner herein. Consent Affidavits are on record. 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. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

13.01.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG