Civil Procedure Code (CPC)

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Staircase issue in joint property

(Querist) 28 July 2021 This query is : Resolved 
We have two adjacent plots. One in name of Guruprit and other in the name of Hanspal. In the plot of Guruprit there are two floors constructed. Ground floor belongs to Guruprit and 1st floor belongs to Hanspal. Now the stairs to the first floor are constructed in the plot of hanspal. Hanspal wants to free his plot and remove the stairs, thus altering the stairs to take it from within his house. This will disallow the ground floor residents to go up to the terrace. Can he do that? We consulted an architect and he said that the house will come down if the staircase is broken as most of the house rests on the stairs. Hanspal is adamant. He wants to proceed. Can be get a stay on this? What can we do to save out house??
SHIRISH PAWAR, 7738990900 Online (Expert) 28 July 2021
Hello,

Why any person will allow others to use his land without his permission. Consult local advocate.
Navraj Singh (Querist) 28 July 2021
Shirish Pawar Sir - So Guruprit can disallow Hanspal from constructing or altering anything without permission? I could not get it very clearly from your reply!
Navraj Singh (Querist) 28 July 2021
Query still not resolved.. Can Guruprit disallow hanspal from altering the structure of the house. Hanspal himself constructed the stairs in his plot and built the above 1st floor over Guruprit's house on the pretext that they will join the plot. Now hanspal is altering his decision and wanting to remove the stairs from his house, taking it from inside his house and disallowing guruprit from going on the terrace. Can hanspal do that? It is Guruprit's plot.
krishna mohan (Expert) 02 August 2021
Is it undivided share of property without clear demarcation. Normally for flat etc., common spare will be there to be used by all the owners if it is undivided. If it is not undivided, oral understanding will not help but to be in terms of ownership of land to avoid litigation.
T. Kalaiselvan, Advocate (Expert) 25 August 2021
If the staircase comes under common areas which are common to all the occupants of the complex then one individual cannot meddle with the common space at his whims.
He cannot alter or do any modification to the structure constructed in the common space as per his desire or decision.
In fact if the staircase is the only path for access to another common area i.e., the terrace, then the person who claims the staircase area cannot restrict the other users to use this staircase.
The affected persons can file a suit for mandatory injunction to restrain the person from stopping them fro using this common area and the staircase


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