• Neighbor creating problems in renovation of my flat

I have a DDA flats in Katwaria Sarai. I am looking to do reflooring and make a few changes to my flat. The changes are done by an architect who lives in the society and has renovated other similar DDA flats in this society.

The neighbor residing beneath my floor has asked to stop the work stating damage to his property and threatening legal/police action. He has not talked in a way to discuss any issues we can jointly work out. For his convenience, we had decided to do the work only during limited hours in a day. However, he continues to threaten labour and architect.

The RWA has been informed but given the severity of situation they had stated us to resolve amongst ourself. We are willing to pay for any damages...And we are confident that as of now we have not caused any damage to his property. Our neighbor behaviour is same as being paranoid. 
What should be our next steps here. Should we send him a legal notice as he has threatened me a few times. I am a girl who have just moved in this society and I feel scared and uncomfortable with this behaviour
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) record his threats

2) file police complaint against him under section 504, 506 of IPC

For criminal intimidation

3) you are at liberty to carry out renovation after obtaining prior permission of association

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Concerned,

Assuming there has been some damage to the property you may pay up damage if any. In reference to Renovation , you can do the work between 9 am to 6 pm everyday and technically you can not be stopped from doing so, in case this person creates a problem you can file a police complaint against him. Unless there is threat to his life due to the works you are doing he can not file a complaint unnecessarily

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

Do not worry , your neighbor can not file a criminal case.However of there is likelihood of any damage to his property which is unlikely though, he can bring civil suit.

Until and unless he files any civil suit and gets injunction order as well you can safely proceed with the repairing work.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

There is nothing RWA will do in this. You should file a civil suit for permanent injunction to restrain your neighbour from interfering with the process of renovation and thereby violate your right to peaceful enjoyment and augmentation of the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Not only this neighbor but there are many such people who are influenced by such anxieties and behave irrationally.

The best thing what you can do is to write the RWA about your proposed renovation work with an undertaking to compensate the loss if any caused to the neighbors or to the society due to this repaid work and obtain their permission in writing.

This permission letter can e sent by registered post to the RWA if they are not willing to give acknowledgement to the letter given in person.

The neighbor can be served with legal notice for any other reason namely threatening or abusing you or creating nuisance but you cannot issue legal notice for this purpose.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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