Jennifer Margaret Fernandes v. Jakina Maria Sampayo (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th January, 2026 CALLED FOR HEARING :

TP/1089/2025 (E-filing) WITH WILL/440/2025 Mr. B. G. Saraf, 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 Jennifer Margaret Fernandes being one of the Executrices named under the Will of deceased. The deceased namely Jakina Maria Sampayo died at Mumbai on 07.10.2024. 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 13.01.2020. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executrices and another executor namely Alwyn Rudolph Fernandes has reserved his rights to act as Executor and Affidavit dated 13.01.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para Nos. 7 and 9 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased had one son and one daughter. Son of deceased namely Jeffrey died leaving behind one daughter. Wife of the said son has re-married. Deceased was survived by one daughter and one granddaughter. Out of them daughter is petitioner herein and granddaughter has been served with the citation through newspaper publication and Affidavit of Service of Publication dated 24.12.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Ingrid B. Moore and Anurodh H. Vasudeo dated 13.01.2024 and 21.01.2025 both the Attesting Witnesses to the Will are filed respectively. Affidavit of Service of General Citation dated 29.03.2025 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.

30.01.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR