Shoerack can be kept outside the house

Kolambii Narula (Querist) 12 March 2024 This query is : Resolved
Hey , I stay in delhi we got second floor and so we have installed a shoerack in the stairs .The second staircase which is going towards the third floor .
So the third floor people are saying to remove it ..is it legal or illegal ? As the third floor people are about to shift to thier floor.

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A resident installed a shoe rack on a common staircase leading to the third floor, causing a dispute with the third-floor residents. While the resident questioned ownership of the staircase section, it was clarified that staircases are common property and cannot be obstructed. The advice given is that placing a shoe rack is considered encroachment, and it should be removed to maintain good neighbourly relations, as legal action could be taken.

Sudhir Kumar, Advocate (Expert) 13 March 2024
third floor people are right. they appear to be gentle.

P. Venu (Expert) 13 March 2024
More than the question of law, it is the propriety of being a good neighbour.

Advocate Bhartesh goyal (Expert) 13 March 2024
You have no right to create obstruction by installation shoerack in common area/stairs or block stairs.Your such act comes under purview of encroachment so remove it else owner of third floor may initiate legal proceedings/action against you.

Kolambii Narula (Querist) 13 March 2024
Okay but the staircase which is going to third floor so the first few staircase belongs to second floor or third floor ?

T. Kalaiselvan, Advocate (Expert) 13 March 2024
The staircase is a common property belonging to all the members of the association.
No member can claim an exclusive rights over it and create hurdles or obstacles to other users.
It is a matter of cordial relationship with the neighbors, hence you can act wisely to not hurt other's feelings.

Sudhir Kumar, Advocate (Expert) 14 March 2024
what ever justification you may offer but 2=2 is not 5.

You (or other floor person) are not at all in any case owner of the stair case you are only user and have no right to put any property in staircase.

I repeat the person on third floor is gentle. If he just pics up the shoe case and throws it in garbage then you have no remedy.

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