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General Legal Query India · 05 Jun 2025 · 7 views

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?

AN Asked by Anamika Arora from India

Legal Information

Below is a comprehensive legal analysis based on Indian law for your question.

In your situation, where the respondents are making false claims and attempting to manipulate the court proceedings, it is important to present your case diligently and effectively to counter their fraudulent claims. Here are some steps you can consider taking:

1. **Submit Evidence**: Gather all relevant documents and evidence that support your case, including the summons sent to the respondents along with copies of the plaint clearly outlining your prayer for your half share in the movable assets. Submit these documents to the court to show that the respondents were well aware of the nature of your claim from the beginning.

2. **Object to Joint Statement**: If the opposite counsel has submitted a joint statement on behalf of the respondents contradicting their earlier stance, you can object to the authenticity and validity of this statement. You can argue that this sudden change in their position seems suspicious and should not be considered by the court.

3. **Request Investigation**: If you suspect fraudulent activity or misrepresentation by the respondents, you can request the court to conduct an investigation into the matter. This can help expose any wrongdoing on their part and strengthen your case.

4. **Legal Representation**: Ensure that you have strong legal representation to advocate on your behalf in court. Your lawyer can effectively present your arguments, cross-examine the respondents and their witnesses, and challenge any false claims made by the respondents.

5. **Maintain Transparency**: Throughout the proceedings, maintain transparency and honesty in your dealings with the court. Present your case truthfully and with integrity to gain the judge's trust and support.

6. **Seek Remedies**: If you can prove that the respondents have engaged in fraudulent activities or misrepresentation, you can seek appropriate legal remedies available under the law, such as filing a complaint for perjury or fraud against them.

It is essential to remain calm and composed during the court proceedings and focus on presenting your case in a clear and convincing manner. By following these steps and seeking legal advice from your lawyer, you can effectively address the fraudulent actions of the respondents in the succession case.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.