Sir, my wife is owner of a vluable property, got by way of settlement from her mother. She is entitled for UDS 398 sq.feet and built up area of 888 square feet in the ground floor right side corner. Her sister is entitled for similiar built up area of 888 square feet in the first floor.
Three years ago both the sisters demolished the old building which was there earlier and put up new construction.
My wife for lghting air and parking needs provided for a open space of 110 square feet in teh front, since it was converted into commercial use. Where as her sister has put up a stair case in the open space marked private leaving the common area and stair case available in the same property.
My wife filed a case in the city civil court and subsequently withdrew the case under the advise of her advocate for the reason that the case filed under does not fit for my right and suggested to file a case under apartment owners act
There is trespass and encroachment of around 40 squre feet of land and the construction of a staircase is causing lot of inconvenience to my wife share of the property where a shop is functioning.
Whether she is right in filing a case or she has right to demolish the stair case put up under encroached area.
Kindly advise
K Manoharan
