Allowed¶18

Hashmat Sagarsen v. Sagar Madan Sen alias Sagar Sen

Bombay HC12 Jun 2026MPT/465/2026

Case brief

AI extract

What is this about?

Legal heirship certificate; Section 2 Bombay Regulation VIII of 1872; Testamentary and Intestate Jurisdiction Bombay High Court; heirs and legal representatives; Sagar Madan Sen alias Sagar Sen; Indian Performing Right Society Limited copyright society; royalty, medical aid and financial benefits; death certificate; no testamentary writing; no other heirs; proclamation dispensed; Miscellaneous Petition No. 465 of 2026; Abhay Ahuja, J.

What did the court decide?

Legal heirship certificate certifying the Petitioners — Hashmat Sagar Sen, Afreen Sagar Sen, Erum Sagar Sen, Mohammad Ali Sagar Sen, Haiderali Sagar Sen and Master Hussain Ali Sagar Sen (through his natural guardian) — as the heirs and legal representatives of the deceased Sagar Madan Sen alias Sagar Sen, with issuance of proclamation dispensed with. ¶18

Hashmat Sagarsen vs Sagar Madan Sen alias Sagar Sen — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the Petitioners, being the widow, daughters and sons of the deceased Sagar Madan Sen alias Sagar Sen, are his heirs and legal representatives entitled to a legal heirship certificate. +1 more

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Court's answer

The Petition filed under Section 2 of the Bombay Regulation VIII of 1872 is allowed in terms of prayer Clause (a): the legal heirship certificate is to be granted certifying the Petitioners as the heirs and legal representatives of the deceased Sagar Madan Sen alias Sagar Sen.

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Ratio / Principle

Prayer Clause (b) is granted: issuance of proclamation is dispensed with.

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Detailed headnote1 paragraphs

Testamentary and Intestate Jurisdiction, High Court of Judicature at Bombay — Miscellaneous Petition No. 465 of 2026 under Section 2 of the Bombay Regulation VIII of 1872 — Petitioners, the widow, daughters and sons of the deceased Sagar Madan Sen alias Sagar Sen (who died in Mumbai on 10th June, 2012), sought a legal heirship certificate as his heirs and legal representatives, it being submitted there was no testamentary writing and no other heirs or legal representatives — deceased was a member of Indian Performing Right Society Limited, a copyright society, and the certificate was required for claiming membership and receiving royalty, medical aid and other financial benefits from the society — Held, allowing the Petition in terms of prayer Clauses (a) and (b): legal heirship certificate to issue certifying Hashmat Sagar Sen, Afreen Sagar Sen, Erum Sagar Sen, Mohammad Ali Sagar Sen, Haiderali Sagar Sen and Master Hussain Ali Sagar Sen (through his natural guardian) as the heirs and legal representatives of the deceased; issuance of proclamation dispensed with (Abhay Ahuja, J.).

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76.MPT 465-26.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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MISCELLANEOUS PETITION NO. 465 OF 2026

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Hashmat Sagarsen & Ors. ...Petitioners

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Sagar Madan Sen alias Sagar Sen …Deceased

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Ms. Syed Ahmed for the Petitioners.

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CORAM : ABHAY AHUJA, J. DATE : 12^th JUNE, 2026

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P.C. :

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By this Petition filed under Section 2 of the Bombay Regulation

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VIII of 1872, the Petitioners being the widow, daughters and sons are seeking legal heirship certificate as the heirs and legal representatives of the deceased viz. Sagar Madan Sen alias Sagar Sen, who died in Mumbai on 10^th June, 2012. It is submitted that there is no other heir and legal representatives of the deceased.

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It is submitted that the deceased was a member of Indian Performing Right Society Limited (the “said society”), a copyright society and as per the membership card, the deceased was entitled for the benefit of the royalty, medical aid and other financial help from the said society and the legal heirship certificate is required by the Petitioners for claiming membership and receiving benefits from the said society.

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Nikita Gadgil 1/2

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76.MPT 465-26.doc

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Mr. Ahmed, learned Counsel appearing for the Petitioners has taken this Court through the death certificate of the deceased and submits that there is no testamentary writing made by the deceased and also that other than the heirs stated in the Petition, there are no other heirs or legal representatives of the deceased.

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Having heard the learned Counsel and having considered his submissions and having perused the material on record, with his assistance, this Court is of the view that the Petition be allowed in terms of prayer Clauses (a) and (b), which read thus:-

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“a) That this Hon’ble Court be pleased to grant the Legal Heir certificate certifying that Petitioners (I) Hashmat Sagar Sen (ii) Afreen Sagar Sen (iii) Erum Sagar Sen (iv) Mohammad Ali Sagar Sen (v) Haiderali Sagar Sen & (iv) Master Hussain Ali Sagar Sen (through his natural guardian) are the heirs and Legal Representatives of the Deceased Sagar Madan Sen Alias Sagar Sen.

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(b) That issuance of proclamation may plase be dispensed.”

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The Petition stands allowed and disposed as above.

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Digitally
signed by
NIKITA
NIKITA YOGESH
YOGESH GADGIL
GADGIL Date:
2026.06.13
18:12:11
+0530

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(ABHAY AHUJA, J.)

¶21

Nikita Gadgil 2/2

Hashmat Sagarsen v. Sagar Madan Sen alias Sagar Sen

Case brief

What is this about?

What did the court decide?

Hashmat Sagarsen v. Sagar Madan Sen alias Sagar Sen

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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