Common staircase on divided ancestral property


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.

Answers (2)


314 votes

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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

274 votes

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.

Popular Property Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles