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Ekta Laskar (Free lance Consultant)     15 May 2012

Rights of coparceners

My father in law died in 1995 intestate leaving behind a widow and 9 children (5 daughters and 4 sons). His property in Guwahati is self acquired. The eldest daughter is unmarried but moved to her own house in 1995. The next child a daughetr passed away in 2000. She has one daughter. My mother in law passed away  in 2009 again without a will. 

I am the wife of the eldest son who came to stay in my marital house in 2009. At the same time one of my husbands married younger sister also moved in but has now left after 3 years but has left behind a family of 3 servants who have constructed extensions to the servants quarters and now they act as owners of the place. I am staying in that household under Court protection under the DV Act. The property is yet not partitioned. These caretakers/servants are being used by her to harass me to leave the household. They have been used to lodge FIRs against me and my husband who does not reside there. 

My questions are as follws.

1. Can this family be appointed as caretakers by my eldest sister in law who does not stay there ?

2. Can she claim to act on behalf of the other brothers and sisters and say that she has kept a caretaker to protect their share of property?

3. If she has authorisation from them then what form of authorisation should she have to act on their behalf?

4. Can she over rule my husband and appoint caretakers even when he has objections to her appointing the caretakers as they harass me and lock me in the house at night against my wishes?



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 2 Replies

Deepak Nair (lawyer)     15 May 2012

You can file a criminal complaint againsty them for encroaching your family property. Nop need for a care taker when a family is already residing in the house.

It is better to do partition. As of now, your husband is eligible for 1/9th share in the said property.

Your sister in law can act on her brother's & sister's behalf either on oral or on written instructions or authorisations.

The so called care takers has no right over the property and cannot question the rights of the legal heirs of the property. So it is better to file a criminal complaint against them if they harass you.

1 Like

Ekta Laskar (Free lance Consultant)     18 June 2012

But we dont have any documents realted to the property


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