Myself and my respondent were declared class 2 legal heirs by the court. My respondent died. I filed a succession case being the surviving class 2 legal heir. I made the 3 children of my deceased respondent a party to SUCCESSION case. In my petition I mentioned that they are the 3 children of my deceased respondent. In my prayer, in the succession case I only asked for my half share in movable assets. Now my case was in arguments stage. I argued that the 3 defendants/children of my deceased respondent never filed a claim or a counter claim or a separate suit, at the written statement/written reply stage. They never filed any proof of being the legal heirs of my deceased respondent up to the present times. The opposite councel came and argued that the 3 defendants are the children of my deceased defendant and that they should be given half the share in succession case, and that why should they file a claim. I argued that if I have made someone a party to my case, it does not mean that it is my "dava", or that I am offering them half the share of movable assets in succession case. And I also said that the 3 defendants have never filed any proof of them being legal heirs of my deceased respondent. I reiterated that I have only asked for my half share in my prayer. Will the judge go beyond my prayer or will she consider my prayer of granting me my half share in the movable assets in succession? Will she also consider the 3 defendants and also give them half share? The opposite councel gave a false statement in Court in written that it is my DAVA as a Petitioner that the 3 defendants also be given half the share, to which I filed my objection and stated that in my prayer I have only asked for my half share in succession. I never signed on any such Dava or false statement.

AN Asked by Anamika Arora from India