I filed a succession case. My respondents who are calling my class 2 legal heir decree and judgement to be null, void, fraud and illegal, are also calling my prayer clause to be wrong. In my prayer, I have only asked for relief to the extent of my half share in the movable assets in succession. The respondents are the children of my deceased defendant who was also declared class 2 legal heir along with me. The 3 respondents have never submitted any document in court to prove that they are the legal heirs of my deceased defendant who was also declared class 2 legal heir along with me in court. Now the case is on consideration and the opposite councel has submitted a joint statement on behalf of the respondents that it is my "dava" that the 3 respondents be given 50% of the movable assets. They are now also giving me a NO OBJECTION that the petition of the petitioner be allowed. How should I deal with these fraudulent respondents? I want to tell the judge that when I sent the first summons tothe respondents, copies of the plaint were also attached with the summons. The respondents and their advocate in particular knew that myself being the petitioner have only asked for my half share in succession. I want to tell the judge that they were not proactive, they did not file a separate suit or claim. They never bothered to file an application of declaring themselves as the legal heirs of my deceased defendant who was also declared class 2 legal heir along with me. The are claiming falsely that it is my DAVA that they be given half the share in succession. I also want to tell the judge that they want to escape from now filing the declaration case of declaring themselves as the legal heirs of their deceased mother. They want to take a shortcut through me. What should I do?

Detailed Legal Analysis

To address the fraudulent claims of the respondents in your succession case, you should present a comprehensive response to the court that clearly outlines your position and counters their allegations. This will involve both legal arguments and factual clarifications regarding their lack of legal standing.

Here are the steps you should consider taking:

• Prepare a Detailed Response: Draft a written response addressing each point raised by the respondents. Clearly articulate your position regarding your claim to the half share of the movable assets.
• Cite Relevant Legal Provisions: Reference applicable laws, such as:
• Indian Succession Act, 1925: Particularly, Section 8 which discusses the distribution of assets among Class 2 heirs.
• Civil Procedure Code, 1908: Sections regarding the burden of proof and the requirements for establishing legal heirship.
• Emphasize Lack of Documentation: Highlight that the respondents have not submitted any documents proving their status as legal heirs. Point out that under Section 63 of the Indian Succession Act, a will (if applicable) must be properly executed and attested.
• Address Their Joint Statement: Clarify that their joint statement misrepresents your position. You have not claimed that they are entitled to half the movable assets; rather, you have requested your rightful share.
• Highlight Their Non-Proactivity: Argue that the respondents have failed to take necessary steps to establish their claim, such as filing a separate suit for declaration of heirship, which indicates a lack of genuine legal standing.
• Request for Dismissal of Their Claims: Formally request the court to dismiss any claims made by the respondents regarding their entitlement to the assets until they can properly substantiate their legal heirship.
• Prepare for Court Appearance: Be ready to present your case in court. State your points clearly and be prepared to rebut their claims effectively.

Additionally, ensure that you maintain a professional demeanor in court. Presenting a well-organized and factual argument can greatly influence the court's perception of your claims versus those of the respondents.