I filed a succession case in which I made the children of my deceased defendant a party. The children of my deceased defendant have never filed any document to prove that they are the legal heirs of my deceased defendant. In my SUCCESSION petition I mentioned that the 3 respondents are the legal heirs of my deceased defendant. I have only asked for my half share in succession in my prayer. I also said in my plaint that the current defendants should file a separate suit or counter claim. Will the judge also grant them a half share, inspite of my prayer being only for my half share in the succession suit?

In a succession case, where legal heirs are identified and parties are made a part of the case, the judge has the authority to determine and divide the assets among the legal heirs as per the relevant laws without strictly adhering to the specific prayer made by the petitioner.

Since you have identified the children of the deceased defendant as the legal heirs and included them in the case, the judge can consider their entitlement to the assets of the deceased defendant as well, even if you have only asked for your half share in the prayer. The judge will evaluate all the evidence and legal arguments presented in the case to determine the rightful distribution of assets among the legal heirs.

It is important to note that legal heirs have a right to claim their share in the succession of the deceased's assets, and the court will ensure that their rights are protected in the proceedings. If the legal heirs have not filed any documents to prove their status as legal heirs, the court may require them to provide such proof during the course of the proceedings.

Therefore, it is possible that the judge may grant the children of the deceased defendant their share in the succession case, even if your prayer mentions only your half share. The court will aim to ensure a fair and equitable distribution of assets among all the legal heirs of the deceased defendant.