status of lock in common staircase,and undevided floors
Krish
(Querist) 28 December 2010
This query is : Resolved
i am residing in the Ground floor of an intestate house owned by my late mother.After her death we were three legal hiers(me, my father,and my elder brother).my father expired in feb 2010, and brother expired in Aug.2010,his widow along with her two children shifted to 1st floor of the house and locked the 2nd floor.she locked the common staircase to go upstaires on the 3rd floor and roof where the wather tanks are fixed.who can we open the access to go on the top?Is this possible to open her lock from the undevided floors& roof ? How much time it will take to get justice?
G. ARAVINTHAN
(Expert) 28 December 2010
you need to file a suit for declaration to get right of pathway to terrace
Gulshan Tanwar
(Expert) 28 December 2010
for how long you have been using the premises,regarding intestate property, you and your brother are having equal shares and thus by the doctrine of representation you can obtain your due. It depends upon the tactics involved in the case to decide the time limit.
In Delhi, on normal procedure it will take 2-3 years to decide.
On the first day itself you will get the orders in your favour regarding the inspection of water over head tanks and for aerial.
