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General Legal Query India · 27 May 2025 · 9 views

My defendants in my SUCCESSION case have filed a separate case on me to declare my previous Judgements and decrees as null, void, fraud and illegal. At the same time they are aiming at getting half the share in succession case. I have only asked for my half share in my prayer in the succession case. The defendants have given an authority to a GPA and SPA who has given a false statement that it is my "dava" that the defendants be given half the share in succession case. It has been one and a half year and the defendants in their case of declaration have never brought any evidence. What can be done?

AN Asked by Anamika Arora from India

Legal Information

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

In this situation, it is essential to defend your position effectively in both cases. Here is how you can proceed:

1. **Response to the Case for Declaration**: In the case where the defendants are seeking to declare your previous judgments and decrees null, void, fraud, and illegal, you should diligently respond to these allegations. You must present all the necessary evidence and arguments to prove the legitimacy and legality of your previous judgments. It is important to engage a lawyer who can help you navigate through these complexities effectively.

2. **Counterclaim or Defense in Succession Case**: In the succession case where you have only asked for your half share, you should continue to focus on your claim and provide necessary evidence to support your entitlement. If the defendants are claiming half the share based on false statements made by the GPA and SPA, you should challenge the authenticity of those statements and provide evidence to refute them.

3. **Challenge False Statements**: If the GPA and SPA have given false statements or made misrepresentations, you should bring this to the attention of the court. You can file an application requesting the court to dismiss the false statements and take appropriate action against those who provided them.

4. **Seek Dismissal**: If the defendants in the case seeking declaration have not brought any evidence for over a year and a half, you can request the court to dismiss their case for lack of evidence. Your lawyer can help you draft and file the necessary application to expedite the process.

5. **Engage a Competent Lawyer**: It is crucial to have a competent lawyer who specializes in civil litigation and succession matters to represent you in these cases. They can guide you through the legal procedures, gather evidence, and present a strong defense on your behalf.

Remember, it is essential to act swiftly and strategically in these legal matters to protect your rights and interests. Consult with your lawyer at the earliest to plan the best course of action in these cases.

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