Hashmat Sagarsen v. Sagar Madan Sen Alias Sagar Sen

76.MPT 465-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 465 OF 2026 Hashmat Sagarsen & Ors.

...Petitioners

Sagar Madan Sen alias Sagar Sen ...Deceased Ms. Syed Ahmed for the Petitioners.

CORAM

:

ABHAY AHUJA, J.

DATE :

12th JUNE, 2026 P.C. :

1.

By this Petition filed under Section 2 of the Bombay Regulation 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 10th June, 2012. It is submitted that there is no other heir and legal representatives of the deceased.

2.

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.

Nikita Gadgil 1/2

76.MPT 465-26.doc 3.

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. 4.

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:- "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.

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

5.

The Petition stands allowed and disposed as above. Digitally signed by NIKITA YOGESH GADGIL Date:

2026.06.13 18:12:11 +0530 NIKITA YOGESH GADGIL (ABHAY AHUJA, J.) Nikita Gadgil 2/2