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Same stairs in two properties how to solve the issue


18-Apr-2023 (In Property Law)
Have a combine stair with my fathers cousin brother since 20 years. The property is not ancestral. The combine stair is 8 feet but in that 8 feet 6 feet is ours. We had issues for the stair lot of time. The land belongs to My mother and now me and my mom is planning not to have anymore combine stair with them and put a boundary by breaking the stairs and make a separate stair. My question is if he doesn't allow us put a boundary on the land that belongs to us for the combine stair can I appeal the law and get our land that belongs to us. And please suggest me what to do other than asking me to keep the stairs combine forever.
Answers (3)

Answer #1
784 votes
If the house in question was jointly built by both the parties reffered here , the sanctioned building plan and other documents related documents are to be examined.Normally, common facility spaces can not be disturbed resulting in inconvenience to other party. The suggestion is to thoroughly study building plan documents, property deed including related documents.The feasibility of filing a lawsuit (partition suit) or partition through mutual consent can be decided only after completion of that exercise.
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Answer #2
811 votes
Dear client,
The basic principal of law says that if the property belongs to you then you can avail order of injunction against them restraining them from disturbing your peaceful enjoyment of property and even if they abide the order of injunction you can file petition under section 151 of CPC for police help for proper implementation of order of injunction
Answer #3
588 votes
Send advocate letters ask them to appoint an arbitrator with your mutual consent.Arbitrator are neutral to both the parties. He/she has years of practice.take help from your advocate and appoint the arbitrator. The final judgement of arbitrator will be final upon both of you. Call LawRato for further query
I hope I was able to help

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