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 the scenario you have described, the judge will primarily consider the prayer made by you in your succession case. If you have specifically requested for your half share in the movable assets of the deceased, the judge is likely to make a decision based on your prayer unless there are exceptional circumstances or specific legal provisions that require a different outcome.

However, since the 3 children of your deceased defendant were made parties to the succession case, the judge may also consider their legal status as potential legal heirs and may inquire into their claims during the proceedings. The mere fact that the defendants did not file a claim or a counter-claim at the written statement stage does not necessarily preclude them from asserting their rights as legal heirs during the arguments stage.

If the judge finds evidence or legal basis to support the claim of the 3 defendants as legal heirs of the deceased, they may be entitled to a share in the movable assets of the deceased as per the applicable laws of succession.

Ultimately, the judge will need to consider all relevant evidence, arguments, and legal principles before making a decision on the distribution of assets in the succession case. It is advisable to consult with your legal counsel to analyze the specific facts of your case and to prepare a strong legal argument to support your claim for your half share in the movable assets.