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General Legal Query India · 26 May 2025 · 8 views

My defendants in succession case do not want to file a separate suit to claim their half share. In my prayer I have only requested the court for my half share. They are the children of my deceased defendant, I made them a party in my SUCCESSION case and they have not proved their legal heir status in the case.they have not submitted any proof of being a legal heirs of my deceased defendant. They even wrote a statement that it is my "dava" as a Petitioner that they also be given half share, to which I have raised an objection. What is to 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 a succession case, each legal heir of the deceased is entitled to their rightful share of inheritance as per the applicable laws. If the defendants in the case are claiming a share of the inheritance but have not filed a separate suit to claim their half share and have not substantiated their legal heir status in the ongoing case, there are a few things that can be done:

1. **Raise an objection:** You have the right to object to their claim for a share of the inheritance if they have not provided proof of their legal heir status in the ongoing succession case. You can bring this to the attention of the court and request that the court dismiss their claim until they can prove their legal heir status.

2. **Request for separate suit:** If the defendants are adamant about claiming their half share, they should be advised to file a separate suit to establish their entitlement to the inheritance. This will enable the court to determine their legal heir status and the extent of their share in accordance with the law.

3. **Seek legal advice:** It is recommended that you seek legal advice from a qualified lawyer who specializes in succession cases in India. They can provide you with guidance on the specific legal procedures and arguments that can be made in this situation.

Ultimately, it is important to ensure that the distribution of the inheritance is carried out in accordance with the law and the rightful legal heirs receive their due share.

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