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Common staircase on divided ancestral property
17-Sep-2023 (In Property Law)
Sir, we have a ancestral property which was divided between my father and his brother, now we share a common staircase and we both have 1 st floor built up. Now we need to build 2nd and 3rd floor of our property but due to mutual staircase, the other party is objecting. Is there any legal way to use mutual staircase.
Please inform as to in what manner the property was divided. In any case, if you have a right over the terrace of first floor, common passage can bit come in the way of construction of further floors. Just ensure that the common staircase is not blocked for the other party. You may also take recourse of filing a suit if so needed.
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Adv. Avneesh Garg
Delhi | 200+ Answers
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Yes there you do have legal recourse to protect your right to use the common staircase. First you would need to file a suit to have your right declared. While the suit is pending you would file an application for an interim injunction to restrain the other party from interfering in your peaceful use of the staircase. Do ensure that your planned construction is approved by the local municipal body and applicable building codes.
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Adv. Dhruv Banerji
Delhi | 200+ Answers
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