The court declared me and my defendant class 2 legal heirs. Soon after, my defendant died. I was now in the process of filing a succession case. The 3 children of my deceased defendant filed a case of declaration in which they challenged the class 2 legal heir decree in which their mother and myself were declared class 2 legal heirs. The 3 children never filed any application under order 22 Rule 4 to declare themselves as the legal heirs of my deceased defendant, before filing the declaration case of stating our class 2 legal heir decree to be null, void, fraud and illegal. When I filed the succession case, I made the 3 children of my deceased defendant to be the respondents. They again had a chance to file an application under Order 22 Rule 4 to declare themselves as legal heirs of my deceased defendant, but they did not do so. In my prayer in the succession case, I only asked for my half share as a relief. Did the 3 children of my deceased defendant have a right to file the declaration suit in which they are challenging the class 2 legal heir decree, without first declaring themselves the legal heirs of my deceased defendant? Even in succession case, they never filed any such application to be declared legal heirs of my deceased defendant, even though they knew that the petitioner(myself)only asked for half share in prayer. The 3 children of my deceased defendant now gave a false statement that it is the DAVA of the petitioner that the 3 children of my deceased defendant also be given 50% in the succession. In my plaint I did mention that they are the legal heirs of my deceased defendant, but still, the burden of proof of being LRs is upon them not on me, they were to file a legal heir certificate.
AN Asked by Anamika Arora from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
1. **Challenge to Class 2 Legal Heir Decree**: The three children of your deceased defendant have the right to challenge the class 2 legal heir decree in which their mother and you were declared class 2 legal heirs. However, it is generally expected that before challenging such a decree, they should establish their own status as legal heirs of the deceased by filing an application under Order 22 Rule 4 to be declared as such.
2. **Succession Case**: In the succession case filed by you, it was your prerogative to claim your share in the deceased defendant's estate. The three children could have filed an application under Order 22 Rule 4 to establish themselves as legal heirs and contest your claim for a share in the estate. However, their failure to do so may weaken their position in challenging the class 2 legal heir decree or your claim.
3. **Burden of Proof**: In matters of succession, the burden of proof of being legal heirs typically lies on the person claiming to be a legal heir. While you mentioned in your plaint that the three children are legal heirs of your deceased defendant, they may need to provide evidence such as a legal heir certificate to establish their status conclusively.
4. **False Statements**: If the three children have made false statements regarding your prayer for them to also be given 50% in the succession, it may be considered as misrepresentation or an attempt to mislead the court. Such actions can have legal consequences and may affect their credibility in the case.
In conclusion, the three children of your deceased defendant have the right to challenge the class 2 legal heir decree and your claim in the succession case. However, their failure to establish themselves as legal heirs through the proper legal process and any false statements made by them can impact their legal standing and the outcome of the case. It is essential for all parties to adhere to the legal procedures and provide necessary evidence to support their claims in matters of succession.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.