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General Legal Query India · 30 Jun 2025 · 6 views

My defendant who was declared class 2 legal heir along with me died. I filed the succession case. I made her descendants the respondents in my succession case. I merely mentioned the descendants being the legal heirs of my deceased defendant in my succession petition as a procedure. In my prayer I have only asked for a relief of my half share in the movable assets in succession case. The opposite councel has submitted a false statement that it is my DAVA that the 3 respondents also be given half the share in the succession case. Can I state in my arguments that I merely made the 3 respondents to be the performa respondents. I have just asked for a relief of my half share in succession case.

AN Asked by Anamika Arora from India

Legal Information

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

Based on the information provided, it appears that the opposite counsel has misrepresented your prayer in the succession case. As the Petitioner, you have the right to clarify and correct any false statements made by the opposite counsel during the court proceedings. In your arguments, you can certainly state that you mentioned the descendants as legal heirs in the petition as a procedural formality and that your prayer only seeks relief for your half share of the movable assets in the succession case. You can emphasize that you did not seek any relief for the descendants and they were only included as "proforma respondents" in the case.

It is important to provide evidence and documentation to support your arguments, such as the wording of your petition, any relevant communications or agreements related to the case, and any other supporting documents that demonstrate your true intentions in the matter. It is crucial to present your case clearly and accurately in court to ensure that your rights and interests are protected. If needed, you may also consider seeking legal assistance or representation to effectively present your case and challenge the false statements made by the opposite counsel.

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