In my succession case, I have only asked for my half share in the movable assets of my deceased middle aunt. Earlier I was declared class 2 legal heir along with my eldest aunt. My mother being the youngest sister of the 2, predeceased both of them on 21/01/2026 Next my middle aunt died on 04/05/2026. The eldest aunt died on 11/01/2023. I filed a succession case in April 2023 and I brought the children of my deceased defendant on record as respondents number 1,2,3. The respondents in their written statement had purely defensive pleadings. They filed no claim, no counter claim or any separate prayer to avail their 1/2 share. As per Hindu succession Act, under section 15 1 d read with section 16, my eldest aunt is the only surviving daughter and I as the petitioner fall under the representational branch of predeceased daughter. We are both identified as legal heirs, being the heirs of the father. Now, my question is, do the 3 respondents stand a chance to get the 1/2 share of their mother in my case? Or will they follow another remedy as per law to avail their mother's share? Is it true that in inheritance the court gives the share of all at a go? And does not keep the shares of one party in bains?

Detailed Legal Analysis

In your succession case, the children of your deceased aunt (respondents) do not automatically have a claim to their mother's share if they have not filed a counter-claim or asserted their rights in the written statement.

According to the Hindu Succession Act, 1956, the distribution of the assets of a deceased individual is governed primarily by the provisions of the Act. Here are the key points regarding your situation:

• Class II Legal Heirs: As per Section 8 of the Hindu Succession Act, the property of a male Hindu dying intestate shall devolve upon his heirs in a specific order. In your case, since your mother (the youngest sister) predeceased both aunts, you and your eldest aunt are recognized as Class II heirs. Your position as a legal heir is supported under Section 15(1)(d) and Section 16, which provide for representation.
• Rights of Respondents: The respondents, being the children of your deceased aunt, could potentially inherit their mother’s share. However, they must formally assert this claim through the court. Since they have not filed any counter-claim or separate prayer, their claim remains unasserted in the current proceedings.
• Court Discretion: The court generally decides on the distribution of the estate as a whole, and it does not typically keep the shares of one party 'in abeyance' unless there are specific legal reasons to do so. The court aims to settle the entire estate in one go to prevent piecemeal litigation.
• Filing a Separate Claim: If the respondents wish to claim their mother’s share, they can file a separate application or intervention in the ongoing case, or initiate a fresh succession proceeding asserting their rights as legal heirs under the same Act.
• Legal Representation: It is advisable for the respondents to engage legal counsel to ensure that their rights are appropriately represented and asserted in any proceedings that may arise.

In conclusion, while the respondents may have a legitimate claim to their mother’s share, they must take proactive legal steps to assert their rights. The court will look to resolve the distribution of the estate comprehensively, based on the legal heirship established under the Hindu Succession Act.