DOROTHY CONCEICAO GOLDFIELDversusGEORGE FRANCIS GOLDFIELD

     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


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   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 4 th

   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:

         Names and Address of the
                                                            Relation with
Sr. No. heirs and next of kin of the         Age
                                                            the Deceased
           Deceased abovenamed
        Dorothy            Conceicao
        Goldfield,
        Flat No. B/304, Rosebud
                                                                Widow
   1    Apt., Jai Bhavani Mata Road,       67 Years
                                                           (Petitioner no. 1)
        Nr. Joe & Helen Ground,
        Amboli, Andheri (West),
        Mumbai-400058.
        Ryan Anthony Goldfield,
        Flat No. B/304, Rosebud
        Apt., Jai Bhavani Mata Road,                              Son
   2                                       38 Years
        Nr. Joe & Helen Ground,                            (Petitioner no. 2)
        Amboli, Andheri (West),
        Mumbai-400058.
        Melissa Clarabell Fernandes,
        Flat No. B/304, Rosebud
        Apt., Jai Bhavani Mata Road,                      Married Daughter
   3                                       42 Years
        Nr. Joe & Helen Ground,                           (Petitioner no. 3)
        Amboli, Andheri (West),
        Mumbai-400058

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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
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                     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. ]




         Digitally
         signed by
SNEHA SNEHA                                            4/4
      ABHAY DIXIT
ABHAY Date:          8-MPT-1086-2026.doc                                                Dixit
DIXIT 2026.09.24
      17:45:22
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