rights in shared building

Querist : Anonymous (Querist) 16 January 2010 This query is : Resolved
We had purchased the second floor of a three story building, with roof rights.Can the owner of the building keep invertor and other personal things in the common enterance and stairways.If no, how can we stop him in doing so

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R.R. KRISHNAA (Expert) 16 January 2010
It depends on the terms and clauses relating to usage rights in the sale deed entered between you and the owner. There should be a clause to the effect that the owner should not keep his things in the common place/stairways. If there is no clause to the effect in the deed then the rights of the owner is not affected.

B K Raghavendra Rao (Expert) 16 January 2010

Common entrance is for use by all the occupants of the building. If ingress and egress of occupants or visitors to occupants is affected, surely you may issue a notice and then bring an order of injunction from the court.

Guest (Expert) 16 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691,09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE COMMON PASSAGE AND REMEDY KINDLY NOTE THAT.

1.YOU MAY FILE A CIVIL SUIT FOR INJUNCTION BOTH TEMPORARY AND PERMANENT INJUNCTION AT CIVIL JUDGE SENIOR DIVN.COURT IN YOUR AREA.
YOU SHOULD ENCLOSE SAID COPY OF PURCHASE DOCUMENT AND OTHER RELEVENT PAPERS INCLUDING PHOTO OF THE ARTICLES KEPT ON COMMON PASSAGE.
2.COURT WILL ISSUE NOTICE TO THE OTHER SIDE AND MAY PASS INTERIUM INJUNCTION AND CAN CONFIRM THE SAID ORDER AND PASS ORDER OF PERMANENT INJUNCTION (STAY),AT THE TIME OF FINAL HEARING.YOU WILL SUCCEED.
YOU MAY WRITE AND SEND DETAILS.
IN CASE ANY URGENT HELP IS REQUIRED KINDLY WRITE OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS .
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

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