I have asked for my half share in my SUCCESSION case as a petitioner. I have mentioned in my objections to defendants that they should file a counterclaim or a claim if they are to get their half share. Am I wrong in stating so?
AN Asked by Anamika Arora from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
However, if there are disputes or disagreements among the legal heirs regarding the distribution of assets or shares in the succession, then the defendants may choose to file a separate suit or claim for their rightful share. In such cases, it would be advisable for them to seek legal advice to understand their rights and options for claiming their share in the succession.
Therefore, while it is not incorrect for you to state in your objections that the defendants should file a counterclaim or claim for their share, it is not a mandatory requirement for them to do so to assert their rights in a succession case. The distribution of shares among legal heirs is determined by law unless there are specific disputes that need to be resolved through a separate legal process.
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