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Can the 1st floor owner legally use the entrance of the ground floor
10-Dec-2023 (In Property Law)
Hi We have a situation as per will my father got the 1st floor and his brother got ground floor I need assistance to know the rule in India for Entrance of a house If that is distributed among two brothers One got ground floor and one got first floor Now the entrance of one side is falling under ground floor territory. Can the 1st floor guy legally use the same entrance?
Hello,
There are certain rights in property called the easement rights, like right to drain water, have fresh air, sunlight, right of way which are free for all and if there is no alternative entrance to the first floor, you have right to use an entrance which is on the ground floor.
There are certain rights in property called the easement rights, like right to drain water, have fresh air, sunlight, right of way which are free for all and if there is no alternative entrance to the first floor, you have right to use an entrance which is on the ground floor.
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Adv. Nitish Banka
Delhi | 100+ Answers
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Is it good to buy ground floor?
A ground-floor apartment has the obvious benefit of eliminating the need for stairs and lifts. It can be tiring to wait for elevators that are crowded or climb a flight stairs after a hard day of work.
Does ground floor count as a floor?
The ground floor is the first floor in British English. The floor above is called the ground floor. The floor above is called the first, second, etc. 10-Apr-2015
Can we sell the house floor wise?
If you dont want to divide the floors with a deed registered, you can sell the portion of your property that consists of the floor you wish to sell now, by means of a separate deed. The buyer can then apply to subdivide the property on his behalf after the purchase.
Hi.
You have a right to access the entrance to the first floor though it is from the ground floor( access to any upper floor will always be from the ground floor) although the ground floor has fallen to the share of brother of your father.
The logic is simple that the owner of the first floor property has to access his property in order to enjoy it and therefore right of way/access is inherent.
Therefore you can legally use the entrance leading to first floor though, on the ground floor.
You have a right to access the entrance to the first floor though it is from the ground floor( access to any upper floor will always be from the ground floor) although the ground floor has fallen to the share of brother of your father.
The logic is simple that the owner of the first floor property has to access his property in order to enjoy it and therefore right of way/access is inherent.
Therefore you can legally use the entrance leading to first floor though, on the ground floor.
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Adv. Pravin Sharma
Delhi | 100+ Answers
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In the absence of any alternative entrance to the first floor, the ground floor occupant cannot deny entrance from its premises. While the will may divide the property into two parts i.e. ground floor and first floor, but in essence when the property was constructed it was constructed as one unit and in most cases, there is usually only one entrance to all floors of the house. In such a case, the ground floor occupant cannot restrict the entrance's use for the first floor occupant. Thus, it is lawful for first floor occupant to use the same common entrance.
However, if there are two separate entrances for each floor, then the ground floor occupant can deny/restrict the first floor occupants entry/exit.
I would be able to advise you better regarding your situation if you provide me details regarding the number of entrances in the house. Also, if you are facing any legal trouble regarding the entrance, I can assist you in filing the appropriate court proceedings.
However, if there are two separate entrances for each floor, then the ground floor occupant can deny/restrict the first floor occupants entry/exit.
I would be able to advise you better regarding your situation if you provide me details regarding the number of entrances in the house. Also, if you are facing any legal trouble regarding the entrance, I can assist you in filing the appropriate court proceedings.
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Adv. Shikhar Khare
Delhi | 100+ Answers
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The common area is for the enjoyment of all residents in the building. The ground floor owner can't claim exclusive rights over it. It does not matter that he was there before you.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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