• Use of Staircase

I have a builder ground floor in a Rohini Area .there is independent way for first floor occupants through independent stair case . My problem is they are clanking the area under the stair case is common at ground floor and they are not allowing us to use that space which is under the stairs .please suggest
Asked 8 years ago in Property Law
Religion: Sikh

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8 Answers

If the area under the staircase is shown as a common area then they cannot restrict the use thereof. File a police complaint, and if it also does not solve the issue then you may approach the civil court through a suit for permanent injunction against the occupant of first floor.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

area under stairs is common for all flat owners

2) you are entitled to use the common areas

3) if you are restrained from using the said area complain ti the secretary of association

4) raise the issue in AGM

5) you can also file suit and seek injunction restraining flat owners from obstructing your access to the common areas under the staircase

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

file police complaint against persons who have constructed gate which restrict your access to kitchen window

2) complain to municipal corporation against unauthorised gate

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Even if the staircase is meant for exclusive usage of the first floor occupant then space below it would be considered as a common area.

2.if that is so then the first floor occupant can not cover it to your ouster.

3. So to recover the restraint you can file a civil suit for declaration and for injunction to remove the obstruction.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If your easement rights are blocked then you may raise an objection to the person who is blocking or creating nuisance.

If the person is not listening then a complaint in writing may be tendered to the society to initiate action to retrieve the common area from the clutches of a single person and put it to use in common for all.

If the society is not taking any action on this, you may issue a legal notice to the society on the same lines with a copy endorsed to the person who is creating problems, after this if need be you may initiate action through consumer forum or cooperative court.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

They have even put a gate in that area which restricts my access to my kitchen window

At times you may also take law into your hands by breaking open the gate and free the area from the occupation of a single person when this is supposed o be common area.

Let him lodge a complaint with the police, since it is a civil matter the police will not interfere. The society only shall come to the rescue of the affected persons.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1. you have right to prevent it by filing a civil suit for permanent injunction against them.

2. they are causing nuisance and interfere in your easementary rights to enjoy sun light and air.

3. this construction is illegal and against the rule of easement.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

they cannot obstruct in such manner without your permission. before filing of civil suit you should approach the deputy collector under section 145 of the code of criminal procedure for prevent them from any further construction.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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