Rights of a third floor owner with roof rights

Ashish Sankla (Querist) 28 April 2012 This query is : Resolved
Respected Sir, I have a 100 sq. yards , Third Floor with Roof right at Shivaji Vihar , New Delhi which i got registered in May 2011.

The floor was under construction and the work is about to finish.

The main problem is we put a gate on the stairs which are leading to third floor which is owned by me leving first five steps so it should not bother the person on second floor its not blocking his passage nor causing any inconvenience for him.But the owner of the second Floor is objecting and dont want me to put gate in there. And continuously putting pressure on me to remove the gate and he also misbehaved with me and my family.

We told them you can go to roof to check your tanks as per our permission as per court guidelines.

My question is :-

1.) Is this illegal to put a door on stairs which are leading to third floor for my protection as its third floor and i hold the roof rights too.and i had not stoped him from going to roof.

2.) He is threatning me to take the matter to court and also used abusive language with me and my parents and call us on odd times like 3 am in the morning and mentally harassing us. Can we take any legal action against him and what are the requirements.

Please Help me

Thanks

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ajay sethi (Expert) 28 April 2012
yes it is illegal . common passage belongs to all members . you cnat install any gate on stairs .

you are in the worng by installing gate . the mistake he has made is by using abusive language . if case goes to court you will lose the case

Deepak Nair (Expert) 28 April 2012
The stair case of a building is common to all. You cannot obtstruct the same.

Ashish Sankla (Querist) 28 April 2012
Thanks for your helpful advice...

prabhakar singh (Expert) 28 April 2012
No obstruction in common passages or stair cases.It would illegal.

V R SHROFF (Expert) 29 April 2012
common passage is not ur personal property.
He may demand terrace too, as common property, that builder cannot sell. All need sky, use terrace, builder cannot deprive it.

your act is illegal