My respondents in my succession case in which i am the petitioner and am seeking half the share of movable assets in my prayer, have filed a suit of declaration against me in which they are stating my class 2 legal heir decree and judgement to be null, void, fraud and illegal. At the same time, in succession case, they are writing false contents in a joint statement that it is the DAVA of the petitioner that they also be given half the share in succession case. It has been one and a half year and the 3 respondents (who are now the petitioners in the null void case) have never brought any evidence and are lingering the case. I filed a peace meal application so that the 3 of them would come together for cross examination but in reply their advocate is saying that my peace meal application should be dismissed. I now wish to file a submission telling the judge all the facts. Would it be advisable to file a submission at this stage, myself being the respondent in this null, void case?

Detailed Legal Analysis

Yes, it is advisable to file a submission to the court at this stage, even though you are a respondent in the declaration suit. This submission can help clarify your position and present your side of the facts, which is crucial for the court's understanding and decision-making.

Here are the steps and considerations you should follow when preparing your submission:

• Gather Evidence: Collect any evidence that supports your claims regarding the succession case and the validity of the class 2 legal heir decree. This may include:
• Copies of the class 2 legal heir decree and judgment.
• Any relevant documents proving your relationship to the deceased.
• Witness statements or affidavits that corroborate your claims.
• Draft the Submission: Clearly outline the facts of the case and your position. Your submission should include:
• A brief introduction stating the purpose of the submission.
• A detailed explanation of the events leading up to the current situation.
• Specific references to the false claims made by the respondents and their lack of evidence.
• Request for the court to consider your points and any relief you are seeking.
• Cite Relevant Laws: Reference applicable laws to strengthen your arguments. Consider citing:
• Section 34 of the Specific Relief Act, 1963, which deals with the declaration of rights and interests in property.
• Section 151 of the Code of Civil Procedure, 1908, which allows for inherent powers of the court to make orders as may be necessary for the ends of justice.
• Provisions under the Indian Succession Act, 1925, that govern the distribution of movable assets among legal heirs.
• File the Submission: Submit your application through the appropriate court registry, ensuring you follow the prescribed format and procedure. Verify whether a specific timeline exists for filing submissions in your jurisdiction.
• Attend the Hearing: Be present during the court proceedings to answer any questions and further support your claims. This shows your commitment and seriousness regarding the case.

By filing this submission, you ensure that your perspective is communicated to the judge, which is vital in any legal proceeding. It also aids in countering the claims made against you and may influence the court's decision regarding the ongoing succession and declaration cases.