Put a gate on the common stairs leading to third floor
Chandan Maiti
(Querist) 07 October 2012
This query is : Resolved
I am living in second floor of a 3-storied building. The main problem is that the Owner of third floor put a gate on the common stairs which are leading to third floor just six steps from the second floor. As a result, we are unable to access the stairs & landing platform for getting sun light during winter season. One good thing is that he never prevented us to go roof for checking tanks.
My question is :-
i) Is this legal to put a door on common stairs which are leading to third floor.
ii) What actions could be taken against him so that he would remove the gate.
Please help me.
Thanks.
R.K Nanda
(Expert) 07 October 2012
1.he can put a gate at his floor.
2.u cannot take any action.
Guest
(Expert) 07 October 2012
He has the right to get himself adequately secured. You should rather be thankful to him if he has never objected to go to the roof of the building through staircase to allow you bask the sun.
If you wish to take action against him, he can pose a rigid stand against you and your family and only you and your family would be disallowed to go to the roof, but not to the owner family of the ground/first floor.
Sri Vijayan.A
(Expert) 07 October 2012
1. If it is common stairs, he cant put any gate restricting others to use it. If the stairs is for his exclusive use of him, nobody can prevent him from doing so.
2.If it is common area, legal remedies are available. Consult a vakil of your area.
V R SHROFF
(Expert) 07 October 2012
Try to settle disputes amicably.
common passage cannot be locked by single occupant . The Door and Lock should belong to Society , or all.
It is good for security, and he allows you , proves that he do not use it exclusively for his use, only point is, he takes care of his security at the same time.
All of you can handover Lock & key to your common watchman, who will open the door for all who want to use terrace.
He can put a gate at his door, but not on common passage or stairs used by all.
Chandan Maiti
(Querist) 07 October 2012
Thank you to all for your quick reply, but I have a query to Mr. R. K. Nanda & Mr. PS Dhingra:-
I am agreeing with you that he can put a gate at his OWN floor but the gate where he put is on the platform in between the stairs leading to third floor. If he put the gate for his security purpose, then he can put it on his own floor. Why did he put it on the platform situated middle of the stairs? Pl. note that there is one door already on the roof and since he has roof rights, he keeps the key for it. Additionally, one metal door is also put in front of his wooden door at his own floor. In my opinion, he wants to occupy entire platform at common stairs leading to third floor and for this reason he put the gate there.
Hope I am able to clear you. Please advice.
R.K Nanda
(Expert) 07 October 2012
third floor stairs are his so he can put
gate any where he likes in that portion.
