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?

In your scenario, since you and your eldest aunt are the surviving legal heirs of your deceased middle aunt, the three respondents (children of your deceased defendant) do not automatically have a claim to their mother's share in the movable assets. As per the Hindu Succession Act, a deceased person's share in the property devolves upon their legal heirs as per the rules of succession provided under the Act.

In this case, you and your eldest aunt being the surviving legal heirs of the deceased middle aunt, are entitled to her share in the movable assets as per the laws of succession. The respondents, being the children of the deceased defendant, do not have an automatic claim to their mother's share unless they specifically establish their claim through appropriate legal proceedings. Since they did not assert any claim, counterclaim, or separate prayer in the written statement in the succession case, they would not be entitled to their mother's share through that case.

Regarding the distribution of shares in inheritance cases, generally, once the legal heirs are determined, the court would distribute the shares of all the heirs at once as per their entitlement. The court aims to finalize the distribution and settle the rights of all the legal heirs in a single proceeding to avoid keeping any party's share in suspense or abeyance (bains).

If the respondents wish to claim their mother's share in the movable assets, they would need to pursue a separate legal remedy, such as filing a suit for partition or claiming their inheritance rights through appropriate legal means. It is advisable for them to consult a legal expert specializing in inheritance laws to understand their rights and explore the appropriate legal recourse to claim their mother's share in the assets.