My respondents who are the children of my deceased defendant in my SUCCESSION case never filed any application under order 22 Rule 4 to prove themselves as the legal heirs of my deceased defendant. Now after I closed my evidence, they filed a joint statement in which they say that I have made a DAVA that they should also be given half the share in succession case. I have filed my Objections to this and furthermore I have only asked for a relief of my half share in my Prayer. I also suggested during my stating of objections that they should file a separate suit or claim. To which they are shouting in the court as to why should they file a claim. I told the judge that they are not the co-owners. I made them a party to my succession case as they are the descendants of my deceased defendant. Will I be granted my half share in my prayer, as I have proved my evidence by calling all the banks in my SUCCESSION case. Do the respondents now have to file a suit for declaration to prove themselves as the legal heirs of my deceased defendant? Because the application under order 22 Rule 4 is now time barred, that is the period of 90 days is over.
AN Asked by Anamika Arora from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
1. **Legal Heirs in Succession Cases**: In a succession case, the legal heirs of the deceased are crucial as they are entitled to a share in the deceased's estate. If the respondents, who are the children of the deceased, have not filed any application under Order 22 Rule 4 to prove themselves as the legal heirs, it can impact their claim to the deceased's estate.
2. **Your Claim for Half Share**: If you have presented evidence and made a claim for half share in the succession case, the court will consider the evidence presented by you and other parties involved. Your claim for a half share will be evaluated based on the evidence and legal provisions applicable.
3. **Objections Filed by You**: By filing objections to the joint statement made by the respondents, you are contesting their claim to a share in the succession case. You have also suggested that they file a separate suit or claim to establish their rights as legal heirs.
4. **Legal Remedy for Respondents**: Since the period for filing an application under Order 22 Rule 4 has lapsed and the respondents have not proved themselves as legal heirs, they may need to explore other legal remedies to establish their rights. This could include filing a separate suit for declaration to prove their status as legal heirs of the deceased.
5. **Court's Decision**: Ultimately, the court will consider all the evidence presented by both parties, including your evidence of calling banks in the succession case. The court will make a decision based on the facts, evidence, and relevant legal provisions.
6. **Legal Assistance**: It is advisable to consult with a legal professional specializing in succession and property laws in India to understand your rights, the legal implications of the respondents' actions, and the possible outcomes in your succession case.
In conclusion, the court will determine the distribution of the deceased's estate based on the evidence presented by all parties involved in the succession case. The respondents may need to take steps to establish their status as legal heirs if they have not already done so within the prescribed timeframe.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.