Allowed¶10

Immelda Mendes v. Olivia Dsa (Deceased)

Testamentary – Probate

Bombay HC13 Jan 2026TP/5043/2024

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What is this about?

Probate granted of Will dated 28.11.2015 of Olivia Dsa (died 19.01.2021, Mumbai) to executrix Immelda Mendes in TP/5043/2024 (heard with WILL/2010/2024); co-executrix Noella Santamaria renounced; consent affidavits of daughters Charlotte, Noella, Elizabeth, Fabiola; attesting witness Sharon Rodrigues affidavit dated 09.03.2024; general citation served 28.11.2024; delay condoned; order by Kavita Y. Ambekar, Company Registrar / Testamentary Registrar, dated 13.01.2026.

What did the court decide?

Probate of the last Will and Testament of deceased Olivia Dsa granted to petitioner/executrix Immelda Mendes as prayed; Office to issue Probate after verifying whether any cross petition or caveat is filed. ¶10

Immelda Mendes vs Olivia Dsa (Deceased) — Bombay HC (2026) — LawSathi Research

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13^th January, 2026

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CALLED FOR HEARING :

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16 TP/5043/2024 WITH

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WILL/2010/2024

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Mr. Atish Mahade i/b. Joseph Kelwadi, Advocate for petitioner

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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.

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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.

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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.

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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.

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

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COMPANY REGISTRAR / 13.01.2026 TESTAMENTARY REGISTRAR

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SLG

Immelda Mendes v. Olivia Dsa (Deceased)

Case brief

What is this about?

What did the court decide?

Immelda Mendes v. Olivia Dsa (Deceased)

Case brief

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What did the court decide?

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