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General Legal Query India · 27 May 2025 · 7 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, since the defendants have filed a separate case challenging your previous judgments and decrees and are also claiming half share in the succession case, you need to take appropriate legal steps to defend your position. Here are some possible actions you can consider:

1. **Defend the previous judgments and decrees**: You should present evidence and arguments to defend the validity of your previous judgments and decrees. If the defendants have not provided any evidence to support their claim of nullity, fraud, or illegality, you can request the court to dismiss their case for lack of evidence.

2. **Challenge the false statement**: If the GPA and SPA have given a false statement claiming that it is your "dava" (plea) to give the defendants half the share in the succession case, you can challenge this statement by presenting evidence to the contrary. You can also highlight any discrepancies or inconsistencies in their claim.

3. **Counterclaim**: If the defendants are claiming half share in the succession case, you can file a counterclaim to assert your rights and clarify that you are only seeking your rightful half share in the succession case.

4. **Request for expedited hearing**: Since it has been one and a half years and the defendants have not provided any evidence in their case of declaration, you can request the court for an expedited hearing to resolve the matter promptly.

5. **Seek legal advice**: It is advisable to consult with a qualified lawyer specializing in Indian laws to assess your options, strategize your defense, and represent your interests effectively in both cases.

Remember that each case may have its complexities and nuances, so it is crucial to navigate the legal process with sound legal advice and representation.

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