DOROTHY CONCEICAO GOLDFIELD v. GEORGE FRANCIS GOLDFIELD
MPT/1086/2026 · 2026-09-24
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10868 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10868 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1086 OF 2026 George Francis Goldfield .. Deceased
1. Dorothy Conceicao Goldfield .. Petitioner no. 1
2. Ryan Anthony Goldfield .. Petitioner no. 2
3. Melissa Clarabell Fernandes .. Petitioner no. 3 Mr. D.G. Tripathi, Advocate for the Petitioners. CORAM : GAUTAM A. ANKHAD, J. DATE : 24th September, 2026. P.C. :
1. This Petition is filed seeking Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827, in respect of the deceased-Shri George Francis Goldfield. The Deceased died intestate at Dubai, U.A.E. on 4th May, 2017. The Petitioner has annexed a copy of the Death Certificate issued by the U.A.E. Authorities as well as letter dated 10th May, 2017 issued by the Consulate General of India, Dubai confirming the carriage of the dead body of the Deceased to be buried in India. In response to an application filed by the Petitioner, the Municipal Corporation of Greater Bombay has issued a clarification that as the death had not taken place within the limits of 1/4 8-MPT-1086-2026.doc Dixit
the Corporation, the Death Registry Certificate cannot be issued. However, the extract of the Disposal Registry Entry in the cemetery has been furnished to the Petitioner stating the date of death as 4th May, 2017. All these documents are annexed at Exhibits “A” to “A-5” to the Petition. 2. The Petitioners are the widow, son and daughter of the Deceased as more particularly set out at paragraph no. 4 of the Petition, which is as under: Sr. No. Names and Address of the heirs and next of kin of the Deceased abovenamed Age Relation with the Deceased 1 Dorothy
Conceicao Goldfield, Flat No. B/304, Rosebud Apt., Jai Bhavani Mata Road, Nr. Joe & Helen Ground, Amboli, Andheri (West), Mumbai-400058. 67 Years Widow (Petitioner no. 1) 2 Ryan Anthony Goldfield, Flat No. B/304, Rosebud Apt., Jai Bhavani Mata Road, Nr. Joe & Helen Ground, Amboli, Andheri (West), Mumbai-400058. 38 Years Son (Petitioner no. 2) 3 Melissa Clarabell Fernandes, Flat No. B/304, Rosebud Apt., Jai Bhavani Mata Road, Nr. Joe & Helen Ground, Amboli, Andheri (West), Mumbai-400058 42 Years Married Daughter (Petitioner no. 3) 2/4 8-MPT-1086-2026.doc Dixit
3. As stated in paragraph no.4 of the Petition, the Petitioners are the only heirs and next-of-kin as per the Hindu Succession Act, 1956.
The parents of the Deceased have predeceased the Deceased and there are no other heirs or next-of-kin, save and except as stated above. It is in this background that the Petitioners seek issuance of the Heirship Certificate. 4. The purpose and reason for filing of this Petition is stated at paragraph no. 6 of the Petition. The Petitioners have not filed any other Petition or Application in any Court seeking Legal Heirship Certificate or Probate or Letters of Administration of the Deceased. 5. As far as the delay is concerned, the same is condoned in the light of the judgment of this Court in Ganpati Vinayak Achwal1 wherein this Court has held that the right to apply is a continuous right which is capable of being exercised at any time after the death of the Deceased, as long as the right to do so exists. 6. In view of the statements/undertakings in the Petition which are 1 2014 SCC OnLine Bom 1193 3/4 8-MPT-1086-2026.doc Dixit
accepted, the issuance of proclamation is dispensed with and Miscellaneous Petition no. 1086 of 2026 is allowed in terms of prayer clause (a), which reads as under:-
“(a) his Hon’ble Court be pleased to issue a Legal Heirship Certificate to e Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner-Dorothy Conceicao Goldfield along with heirs Ryan Anthony Goldfield and Melissa Clarabell Fernandes mentioned herein above are the only heirs and legal representatives of the Deceased.”
7. The Department is directed to issue the Legal Heirship Certificate within a period of four weeks from today. [ GAUTAM A. ANKHAD, J. ] 4/4 8-MPT-1086-2026.doc Dixit SNEHA ABHAY DIXIT Digitally signed by SNEHA ABHAY DIXIT Date: 2026.09.24 17:45:22 +0530