Myself and my defendant then alive were declared class 2 legal heirs via court judgement and d I filed a succession case in which I made the children of my deceased defendant a party. The children of my deceased defendant have never filed any document to prove that they are the legal heirs of my deceased defendant. In my SUCCESSION petition I mentioned that the 3 respondents are the legal heirs of my deceased defendant. I have only asked for my half share in succession in my prayer. I also said in my plaint that the current defendants should file a separate suit or counter claim. I wish that my prayer be allowed and that the 3 respondents or the children of my deceased defendant should file a declaration case to prove themselves as legal heirs of their deceased mother.
AN Asked by Anamika Arora from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
It is important to note that in a succession case, the burden of proving the legal heirs lies on the parties making the claim. In this case, since you have mentioned the children of your deceased defendant as legal heirs in your petition, it would be their responsibility to prove their status as legal heirs through appropriate legal documents.
Furthermore, if you have only asked for your share in the succession in your prayer, and have specifically mentioned in your plaint that the current defendants should file a separate suit or counterclaim, the court may consider your request for your share only.
If you wish to ensure that the children of your deceased defendant prove their status as legal heirs, you may request the court to direct them to file a declaration case to establish their inheritance rights. It is advisable to consult with a lawyer specializing in Indian succession laws to determine the appropriate legal actions to be taken in this case.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.