• Other flat owner doing nuisance on my top floor roof

I am a flat owner at Kolkata- 700110, West bengal India. I am a single woman living in my top floor (4th floor) flat alone till 6 years. From the beginning other neighbours doing various activities like waking, jogging with their children and others. My complex designed like a ship model. And I am living in front of the complex. So, my side is like a lengthy row. So, they always doing all nuisance particular my roof. So many time I have doing objection. But they tod me that they can't do anything. That children are playing there. So, it looks inhuman to doobjection on that. And they are not interested to talking further in this topic. Then I have given a letter to the flat committee mentioning my problem. But they they don't respond and the nuisance is going on. Please suggest me what can I do?
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Terrace is not meant to be used for jogging , walking , kids playing etc

2) if society managing committee fails to take action file police complaint against office bearers of society for failure to take any action on nuisance by flat owners using terrace

3)you can also file suit seek injunction restraining use of terrace for jogging , playing of kids etc

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1) Send the legal notice through advocate by RPAD ( Registered Post Acknowledgement Due ) To Neighbors and Association.

2) If the disturbance continues, file a complaint at the Jurisdictional Police Station.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Send them a legal notice calling upon them to forthwith restraint from participating in any of these activities which are causing a nuisance to you.

If the legal notice does not helps. approach the Police and boo them for causing the offence of public nuisance.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

You can get an injunction order from court restraining any person from anyone using your part of roof and firstly send a legal notice to the flat committee members if they fail to take any drastic step then you can approach court seeking exparte injunction restraining any one from causing nuisance on your portion of property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Mam see regular walking and using common area of roof cannot be restricted but if there is nuisance on the odd hours and there is any damages a complaint can be made to the police station, but in normal course it is very difficult. take and prove action of this nature. Further serve the neighbours with a notice that in case they dont mend there ways you shall register a police complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, everyone has got right to leave peaceful without any nuisance by anyone.

Secondly, the letter which you have sent to the committee man be used you before the Civil Court of law.

Thirdly, you should file a suit for permanent injunction against the nuisance created by the children as park has been made to play not the flat premises.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Being owner they are free to enjoy but not in such way create nuisance to next inhabitant. File police complaint for creating willful nuisance u/s 268 IPC. at least police will issue prohibition order.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the association is not cooperating to control this neighbor menace, i.e.., the nuisance by neighbors, you may lodge a criminal complaint with the police for this nuisance.

You must secure evidence for your allegations.

Alternately you may issue a legal notice to the people who do this nuisance and disturb you.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

They have the right to do jogging on their property or a common area in the apartment. This is not nuisance by any method of legal interpretation. Nuisance in legal parlance does not imply dislike for what is done by others.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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