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.

Detailed Legal Analysis

Yes, you can clarify in your arguments that the three respondents were included as formal parties in your succession case and that your application only seeks relief for your own half share of the movable assets.

Here are some key points to consider as you prepare your arguments:

• Nature of the Case: Your succession case is based on the principles of inheritance as outlined in the Indian Succession Act, 1925. Since your co-defendant was a Class 2 legal heir, the descendants of the deceased defendant, being legal heirs themselves, can be included in the proceedings for clarity.
• Formal Parties: By including the descendants as respondents, you did not intend to grant them any claim over the assets. You can argue that they were added merely for procedural compliance, which is a common practice in succession cases.
• Relief Sought: Emphasize that your petition specifically seeks a declaration of your half share in the movable assets, and nothing more. Clearly articulate that there is no intention to share the assets with the respondents beyond their status as heirs.
• Legal Precedents: Cite relevant case laws that support the position of including formal parties in a succession case without conferring any rights to them. For example, the Supreme Court in various rulings has upheld the inclusion of legal heirs as parties for the sake of comprehensive adjudication.
• Documentary Evidence: If available, present any documentation or correspondence that supports your claim of only seeking half of the movable assets. This could include your original petition and any responses which clarify your intentions.

Additionally, you may wish to reference the following legal provisions:

• Section 2(h) of the Code of Civil Procedure, 1908: Defines who can be parties to a suit and allows for formal parties to be included.
• Section 50 of the Indian Succession Act, 1925: Discusses the distribution of assets among legal heirs, which supports your claim to your half share.

In conclusion, clarify your position in court, reiterate the specific relief sought, and rebut the false claims made by the opposite counsel effectively. This will help in presenting a strong case for your half share in the succession matter.