Immelda Mendes v. Olivia Dsa (Deceased)
Case brief
What is this about?
Probate/testamentary petition TP/5043/2024 heard with WILL/2010/2024; testatrix Olivia Dsa died at Mumbai 19.01.2021; Will executed at Mumbai 28.11.2015 in English; petitioner-executrix Immelda Mendes; co-executrix Noella Santamaria — renunciation/reservation affidavit not filed; consent affidavits of daughters Charlotte, Noella, Elizabeth and Fabiola not filed; husband predeceased; five daughters, no other legal heirs; attesting witness Sharon Rodrigues affidavit dated 09.03.2024; Affidavit of Service of General Citation dated 28.11.2024; delay explained and condoned; petitioner's oath filed; praecipe to be filed for final grant; matter removed from board; before Kavita Y. Ambekar, Company Registrar / Testamentary Registrar; order dated 18.12.2025.
What did the court decide?
Delay in filing the Affidavit of Service of General Citation condoned; final probate grant not made — matter removed from board, to be relisted upon praecipe filed by the petitioner's advocate when ready for final grant.