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.

In a succession case, if the respondents who are claiming to be the children of your deceased defendant did not file an application under Order 22 Rule 4 to prove themselves as legal heirs within the prescribed time period, which in this case, you mentioned as 90 days, they may face difficulties in establishing their claim as legal heirs. However, the specific outcome will depend on the facts and circumstances of the case, as well as the discretion of the court.

Since you have filed your objections and clarified that you are only seeking relief for your half share in the succession case, and have also suggested that they file a separate suit or claim, it is important to continue asserting your rights and presenting evidence to support your claim to the court.

In Indian succession laws, legal heirs are entitled to inherit the assets of the deceased as per the applicable laws of inheritance. If the respondents are claiming to be legal heirs, they may need to establish their status as such through a suit for declaration or by providing sufficient evidence to prove their relationship with the deceased.

Given the complexities involved, it is advisable to consult with a legal expert specializing in Indian succession laws to assess the specific details of your case and determine the best course of action to secure your rightful share in the succession case.