I filed a succession case being a class 2 legal heir. My defendant died. I made the 3 children of my defendant a party to SUCCESSION case. In my prayer, I only asked for my half share in movable assets. Now my case was in arguments stage. I argued that the 3 defendants never filed a claim or a counter claim, at the written statement stage. They never filed any proof of being the legal heirs of my deceased defendant. The opposite councel came and argued that the 3 defendants are the children of my deceased defendant and that they should be given half the share in succession case. I argued that if I have made someone a party to my case, it does not mean that I am offering them half the share of movable assets in succession. And that the 3 defendants have never filed any proof of them being legal heirs of my deceased defendant. I reiterated that I have only asked for my half share in my prayer. Will the judge go beyond my prayer or will she consider my prayer of granting me my half share in the movable assets in succession? Will she also consider the 3 defendants and also give them half share?

In Indian law, specifically in succession cases, the court considers a variety of factors to determine the distribution of assets among legal heirs. The court will look into the rights of all legal heirs to the deceased individual's estate.

In the scenario you have described, where you have filed a succession case as a class 2 legal heir and have prayed for your half share in the movable assets, the court will primarily focus on your claim. Your prayer for half share will be a significant factor in the court's decision-making process. The court will consider your legal rights as a class 2 legal heir and examine whether you are entitled to half of the movable assets of the deceased.

However, it is also important to note that just because the 3 children of the deceased were made parties to the case does not automatically entitle them to a share in the assets. The court will consider their relationship to the deceased and their claim to the estate. If they have not provided any proof of their status as legal heirs or made a counter claim for a share in the assets, the court may not automatically grant them a share.

Ultimately, the court will aim to ensure a fair distribution of the deceased's assets among all legal heirs. The judge will consider the prayers made by all parties, the evidence presented, and the relevant legal provisions before making a decision on the distribution of assets in the succession case.