• Staircase in a house

We are a middle class family struggling hard to make 

our ends meet in big cities. My husband and me both are IT professionals in reputed company and as responsible children we take care of our families in all good and 

bad times. My family resides in Ghazipur, a small town near Varanasi, both my mom and dad have worked so hard to finance my brother's and my education. This might not 

sound extraordinary to many ; but yes it is to us. Seeing our parents sacrifice every little things just to keep us going. Everything is fine and without complaining 

about the hardships of life my parents have been working continuously just to make sure that we are still happy and they can give us any assistance in our hour of need. 

This time they need us; not because it is our duty but it is about the peace of mind that is being snatched from innocents who have by far not even intended to harm 

anyone far off. It all started with a house; which was sold to my family 40 years back. The entire ouse belonged to an old lady who dint have any heir to own the 

property; seeing the goodwill of my father who was tenant that time; she sold the half portion of it to him as my father dint have that money to buy the entire house. 

The other half was sold to some other perosn with whom we had cordial relations even now. After a span of good 10-12 odd years he had some emergency need for money and 

he sold the other half to someone new who is an advocate by profession. Now this advocate had been good to us for some years just to change his colors and started 

claiming the staircase of my house which he says belongs to him. My father tried for an amicable solution but to no avail and he has begun he destruction of the stairs 

starting today. Just to tell you that in the compromise papers; it is clearly mentioned that the half of the house along with staircase belongs to my father. But he 

being an advocate is taking undue advantage of it and is trying to harass my family. Our family has been living in that house for good 40-45 years and suddenly he 

comes claiming and destroying whatever we have built and made in these years.Th other portion of the house already as a staircase and they have been using it for l\all 

these years without any objection; he wants this staricase broken so that he extends his stop which hardly runs. The staircase is the back bone of  our house and if 

that is gone; it would be impossible for us to reside there and that is exactly what he wants. Please help the ordinary people we are; we donot have any back up of any 

political party; or we are not rich; what we can do is just share and ask for help. This might not be a new case coming up but for people like us who have no money and 

back up; this is all we have. Your help and support is highly appreciated.
Asked 1 year ago in Property Law from Ghazipur, Uttar Pradesh
Religion: Hindu
1) contact a local lawyer and obtain injunction restraining neighbour from removing staircase 

2) rely upon the compromise papers which mention that half of house along with staircase belongs to your father 

3) also file police complaint against your neighbor for trespass 

4) if you cannot afford legal fees contact district legal aid center 

Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1) in your original query you had said Just to tell you that in the compromise papers; it is clearly mentioned that the half of the house along with staircase belongs to my father. But he being an advocate is taking undue advantage of it and is trying to harass my family.

2) lawyer can demolish only his portion of the house . 

3) as per your query staircase is included in your father share of house 

4) you have to ask him to produce papers which show staircase forms part of his share

5) contact a local lawyer immediately and file  suit  for declaration that staircase form part of your father share in the house and to restrain your neighbour from demolishing it further 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1) is the compromise paper signed by the original owner ?

2) where was this compromise paper filed ? 

3) is it part of  consent terms filed in court ? 

4) it is necessary to peruse contents of compromise paper , regd sale deed to  advise 

5) the terms of compromise would be binding on the successors in title 

6) seller could not have conveyed a better title to the staircase and the house than he himself possessed
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. Please learn to be brief and just factual while reporting legal matters,

2. Lodge a police complaint against the said person who is attempting to demolish the staircase illegally,

3. File a declaratory suit praying for declaration that the said staircase belongs to your father,

4.Simultaneously, file an application under Order 39 Rule 1 & 2 praying for an injunction upon the said advocate restraining him from dealing with the staircase till he disposal of the declaratory suit filed by you,

5. Engage a lawyer having expertise in this field,

6. Be bold. You are required to raise to the occasion and act fittingly when the situation so demands.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. He says that the staircase has been registered in his name,

2. You are saying that it has been registered in your father's name,

3. The Court will decide the staircase belongs to whom?

4. Act as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. For tranfer of title of a property or portion thereof, the deed is required to be registered,

2. However, if demolition of the staircase makes the house unsafe for the life of your family, it can not be demolished,

3. File a declaratory suit as suggested in my first post. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
You can file a suit for mandatory injunction against the opponent seeking to restrain him from going ahead with the demolition of the staircase, but you should be able to prove that the saem was in your possession and enjoyment and is the only way for ingress and egress to the upper floor.
Advocate is also a citizen of the country and he cannot be above law hence nothing will stop you from proceeding legally against him, do not bow down to his pressures.  The law will not support his illegal claims.  If he proves that the staircase is his property, you can apply the law of adverse possession to stop his claim. To evidence your pleading, you may take support of the compromise letter held in your possession.. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. If the title deed of your father's portion in the property shows the staircase as a part of the property then his title to the staircase is clear. What you require is a stay order issued by the court against this man to prevent him from demolishing any part of the property including the stay order.

2. Tell your parents to rush to court to seek a stay order which may be issued on the very first hearing.

3. The compromise deed is enforceable if the staircase is not shown in the sale deed of your father.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0

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