In a succession case, can the judge do judgement beyond the prayer? I am declared class 2 legal heir by the court along with my defendant. My defendant died. I filed a succession case on the basis of my class 2 legal heir decree. I made the 3 children of my deceased defendant the respondents in my succession case. I only asked for my half share as a relief in my prayer as a petitioner. My respondents never filed any document that proves their legal heir status. I as a Petitioner also did not file any application under Order 22 Rule 4 within 90 days to bring the 3 respondents on record as legal heirs of my deceased defendant. Nor did the 3 respondents file the application under Order 22 Rule 4 themselves, within a period of 90 days. can they be granted succession certificate along with me. My respondents are the descendants of my deceased defendant. I gave suggestions before the judge that when the first summons were sent to the 3 respondents, copies of the plaint/petition were also sent with them. It is understood that the 3 respondents and their advocate knows that the petitioner has only asked for her half share in the prayer of the succession case. I also suggested before the judge that the 3 respondents did have a chance to declare themselves as the legal heirs of my deceased defendant while filing their written reply to my succession plaint by filing the application under Order 22 Rule 4, within 90 days. They did not do that. I also suggested before the judge that they did not file any claim or a separate suit, to claim my deceased defendant's half share. I also suggested that being time barred the 3 respondents now have to file a suit for declaration to prove themselves as legal heirs of my deceased defendant. And that they would then seek their half share in succession after being declared legal heirs of my deceased defendant. The councel for the 3 respondents filed a false statement in which he states that it is my DAVA as a Petitioner that the 3 respondents also be given half the share in succession. I have already filed my Objections to this statement. One of the respondents has also filed a GPA in which the contents are false and fabricated, as they state that they are the ultimate legal heirs and have full authority to operate the bank accounts and lockers, for which I have filed the succession case and I am seeking half the share. Would I be granted my half share in succession as I have completed my evidence by bringing in all the banks and I have proved my case No where have I mentioned that the 3 respondents also be given half share in succession.

AN Asked by Anamika Arora from India