• Flat neighbor dispute

I am moved to a new flat as a tenant 1 month before with my husband,kids aged parents. The neighbor who is living below my flat is making problem with me for small unavoidable sounds like 'footsteps, voices and items being dropped'. Actually the design of the flat does not lend itself too well to good sound insulation.

He is calling us late nights in intercom and quarreling. Also his wife spreading rumors and racist comments against me to the other neighbors.Instead of doing soundproofing improvements to his property, he is threatening me to vacate the house.

The neighbor said he goes to bed at 10PM, so he want me to be quite after that. He don't want me to even walk inside my house after 10PM.

Can I take legal action against him to stop his bigotry and racist act. I don't to go to police station at this point. But I am thinking about sending a Legal notice and if require file a case in the court.

Is that possible? Your advice Please.
Asked 7 years ago in Property Law
Religion: Christian

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4 Answers

1)neighbour cannot restrain you from talking in your flat with family members or walking in your flat after 10 pm

2) issue legal notice to neighbour to refrain from disturbing your peaceful possession of the house and passing racist comments against your family

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

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1) burden of proof is upon neighbour that you are creating ruckus at night , disturbing his sleep

2) you can install CCTV cameras in the living room and kitchen

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Can I take legal action against him to stop his bigotry and racist act. I don't to go to police station at this point. But I am thinking about sending a Legal notice and if require file a case in the court.

You can consult a lawyer and send the neighbor a legal notice advising him to restrain from making any such remarks which are derogatory or racist, failing which you would initiate appropriate legal action through police and also file a defamation case.

If he keeps troubling you despite this legal notice, you may initiate legal proceedings as per law.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

But how to prove that I am not making any unnecessary noise?

Installing a CCTV in my living room, kitchen will help?

You are not required to prove that you are not making any noise, it becomes his duty to prove his allegation, hence do not be bothered about it at least for the present,.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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