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. The respondents never brought anything in their evidence. 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.

Detailed Legal Analysis

The respondents in your succession case must file a separate suit for declaration to establish their status as legal heirs of the deceased defendant, especially since they failed to file an application under Order 22 Rule 4 of the Code of Civil Procedure, 1908 (CPC) within the stipulated time of 90 days.

Here are the key points regarding your situation:

• Legal Heirship: As per the Hindu Succession Act, 1956, the children of the deceased are considered legal heirs. However, they must prove their legal heirship formally if they have not been recognized in the current proceedings.
• Order 22 Rule 4: This rule provides for the substitution of legal representatives in case of the death of a party. Since the respondents did not file their application within 90 days, they may be barred from being recognized as legal heirs in this case.
• Time Bar: The period of 90 days for filing an application under Order 22 Rule 4 has elapsed, making it difficult for them to claim rights in the succession case unless they can show sufficient cause for the delay.
• Separate Suit: The respondents are advised to file a separate suit for declaration of their legal heir status. This will allow them to prove their claim independently and seek their share from the estate of the deceased.
• Your Claim: Since you have provided evidence to support your claim for half of the share, and the respondents have not presented any evidence, the court may grant you your claimed relief. The absence of their evidence strengthens your position.
• Court's Discretion: Ultimately, the court has the discretion to grant or deny your claim based on the evidence presented and the procedural adherence by both parties.

In conclusion, since the respondents have not adhered to the procedural requirements and have not presented any evidence, it is likely that your claim for half the share may be granted by the court. However, they will need to file a separate suit to establish their legal heir status if they wish to claim any part of the estate in the future.