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General Legal Query India · 10 Aug 2025 · 7 views

My mother was the youngest of the 3 sisters. She died on 21/01/2020. The sister elder to my mother was an issuless widow who died intestate on 04/05/2020. Upon the death of this middle sister, I filed a declaration case in which I made the eldest sister a defendant, so that we both can be declared class 2 legal heirs. We were declared so by the court. While I was in the process of filing the succession case, the eldest sister cum my defendant in my SUCCESSION case, died. Thus i made her children a party to my succession case. I being the surviving class 2 legal heir cum petitioner in my SUCCESSION case made the children of my deceased defendant a party to my succession case. My deceased defendant and myself have previously already been declared class 2 legal heirs by the court. The children of my deceased defendant have recently filed an application which has the following words : "THAT THE MIDDLE SISTER HAD 2 SISTERS, THE ELDEST ONE AND THE YOUNGEST ONE {Being my mother/ mother of the petitioner.} THE YOUNGEST SISTER DIED ON 21/01/2020 AND HER DEATH WAS PRIOR TO THE DEATH OF THE MIDDLE SISTER AND THAT THE PETITIONER {myself} DOES NOT FALL UNDER THE CATEGORY OF CLASS 2 LEGAL HEIR OF THE MIDDLE SISTER AND HAS GOT NO LOCUS STANDII TO FILE THE SUCCESSION CASE. THE ELDEST SISTER DIED ON 11/01/2023 AND AT THE TIME OF DEATH OF THE MIDDLE SISTER, THE ELDEST SISTER WAS THE ONLY LIVING SUCCESSOR OF THE MIDDLE SISTER. IT IS PRAYED THAT THE SUCCESSION CASE FILED BY THE PETITIONER MAY BE DISMISSED." My SUCCESSION case is now on consideration/arguments stage. The 3 children of my deceased defendant have never filed any document in the succession court up to now which shows that they are the legal heirs of my deceased defendant. What answer should I write in reply to this application filed by the 3 children of my deceased defendant who was also the eldest sister?

AN Asked by Anamika Arora from India

Legal Information

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

In response to the application filed by the children of your deceased defendant in the succession case, you should consider the following points in your reply:

1. **Timeline of Deaths**: Clearly outline the timeline of deaths of the three sisters - the youngest sister (your mother), the middle sister, and the eldest sister (your defendant). Emphasize that your mother passed away before the middle sister and thus, you being the petitioner are the rightful claimant as the surviving class 2 legal heir of the middle sister.

2. **Court Declaration**: Highlight the fact that both yourself and the eldest sister (now deceased) were previously declared class 2 legal heirs by the court. This court declaration is a significant legal recognition that cannot be disregarded by the children of your deceased defendant.

3. **Legal Standing**: Assert your legal standing in the succession case as per the court's previous declaration and your relationship as the surviving class 2 legal heir of the middle sister. Reiterate that you are entitled to pursue the succession case as the legitimate claimant.

4. **Locus Standii Argument**: Dispel the children's notion that you do not fall under the category of class 2 legal heirs of the middle sister. Provide legal provisions or court rulings supporting your claim to the succession of the middle sister's estate.

5. **Lack of Evidence**: Point out the lack of evidence from the children of your deceased defendant to establish their status as legal heirs in the succession proceedings. Request the court to scrutinize their claim in the absence of supporting documents or legal basis.

6. **Dismissal Request**: Contest their prayer for the dismissal of your succession case by presenting strong legal arguments to validate your position as the rightful heir. Emphasize that their claim lacks merit and should not impede the lawful distribution of the middle sister's estate.

Ensure that your response is clear, concise, and supported by relevant legal provisions and precedents to strengthen your case as the legitimate claimant in the succession proceedings. It is advisable to seek assistance from a legal professional to craft a comprehensive and persuasive reply to the application filed by the children of your deceased defendant.

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