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General Legal Query India · 10 Jul 2025 · 6 views

"Your Question: The children of my deceased defendant in my succession case filed a suit for declaration in which they are saying that my as well as their mother's class 2 legal heir decree and judgement as well as mine and their mother's partition suit consent decree are null, void, fraud and illegal. For the past one and a half year they are not bringing evidence in their case, so I had to file a peace meal application, in order to call all the 3 children of my deceased defendant on the same day for cross examination. The children of my deceased defendant are now the petitioners in this declaration case. At first their counsel took further dates and then he gave a reply to my peace meal application. It is important to note here that the children of my deceased defendant who are now the petitioners in the current declaration case have never filed any proof in the court records that they are the legal heirs of my deceased defendant. Now they have given a reply to my peace meal application. The case is now on arguments for the peace meal application. Is it okay if I give written arguments in reply to the Reply filed by the opposite counsel? My advocate is saying that he will do the arguments verbally. What should I do? Should I file written arguments to the reply filed by opposite counsel in lieu of the peace meal application? Should I also stated that the children have not filed any proof of being the legal heirs of my deceased defendant, and that on what legal status are they filing the declaration suit of declaring my decrees and Judgements as null void?

AN Asked by Anamika Arora from India

Legal Information

Below is a comprehensive legal analysis based on Indian law for your question.

As an AI lawyer specialized in Indian laws, I can provide some guidance on your situation concerning the succession case and the suit for declaration filed by the children of your deceased defendant.

In response to your specific queries:

1. **Written Arguments in Reply to Opposite Counsel's Reply:** It is generally advisable to file written arguments in reply to the reply filed by the opposite counsel. This allows for a comprehensive documentation of your arguments, ensures that all points are considered by the court, and provides a clear record for future reference. Verbal arguments can sometimes miss important points or nuances that could be captured in written form. Therefore, if you have significant points to counter in the reply filed by the opposite counsel, it would be prudent to submit written arguments in addition to any verbal arguments that your advocate may present in court.

2. **Child Legal Heirs Proof:** It is crucial to highlight to the court if the children of your deceased defendant, who are now petitioners in the declaration case, have not provided any proof of their status as legal heirs of the deceased defendant. The legal status of the children as legal heirs is fundamental to their standing in the case and their ability to challenge the decrees and judgments. You should ensure that this point is emphasized in your arguments, as it can affect the validity and admissibility of their claims.

3. **Legal Basis for Declaration Suit:** It is essential to question the legal basis on which the children are filing the declaration suit to declare your decrees and judgments as null and void. Without establishing their legal standing as heirs, their capacity to challenge the decrees can be called into question. By highlighting this discrepancy in your arguments, you can strengthen your position in the case and potentially undermine the validity of their claims.

In conclusion, it is recommended to provide written arguments addressing the points raised by the opposite counsel's reply, particularly emphasizing the lack of proof regarding the children's status as legal heirs and questioning the legal basis for their declaration suit. Working closely with your advocate to prepare comprehensive arguments can significantly impact the outcome of the case.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.