• Asking owner of another plot to move his tenants

I live in bangalore and we are trying to sell our independent plot/villa. The owner in the plot opposite to ours has let the space to construction workers without electricity and water supply who in turn make the place look like a mini slum. Buyers find this an eye sore and don’t want to buy our place. Is there anything I can suggest the other owner to remove this? Please advice
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

1) issue legal notice to bungalow owner to remove the construction workers as they hav e converted area into mini slum

2) if he refuses file suit and seek court orders to direct bungalow owner to remove his tenants

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. You have no right to mandate him to evict his tenants. One who holds the title to a property is the master of it and has the liberty to let it out to anyone he desires be it a king or construction workers.

2. You can though request him to tell his tenants to not to make the place appear like a slum. This is the maximum you may do.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Sir if temporary tenement is made by the neighbour for its construction worker you can't ask him to remove same but you can ask him to make it appropriately way as it is damaging to the value of your property.

You can serve him a notice asking to cover the construction side from.outside and take steps if he fails you can file.a suit to claim.damages in value of your property due to slum formed there in ans can seek injucntion against him.of not ready to cover that area.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

You dont have right to choose other's tenant.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1) Yes you can suggest him to make the your area luxurious and Hi-Fi locality of your area. And to all the property rights may be high when it will come to sell of the plot for every one.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hi, it is advisable to file a application at the municipal office for quick action .. Also file a application at the district administrator

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

you can raise your complaint to concern department through online or directly file an application.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

If this is creating a nuisance for everyone in the vicinity, you can move a police complaint against this in the nearest police station.

Before going to the Police, apprise this neighbour of the inconveniences that you and others are facing in the vicinity.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Whetever that person does with his house his his wish. Technically you cannot interfere but still if you wish you can send him legal notice for the loss causing to you because of his house and ask for either good condition of his house or compensation for you.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You cannot do anything about this.

It is his own will and wish to let out his plot on rent to the tenants seeking the plot for rent.

The buyers claim on this is unjustified.

you can change the buyer if one buyer is not interested citing this as reason.

You should concentrate on your proeprty alone, you cannot interfere in the neighbor's possession and enjoyment of his proeprty, any action taken by you in this regard may backfire with legal suits slapped on you, hence better take care about it.

T Kalaiselvan
Advocate, Vellore
78107 Answers
1543 Consultations

5.0 on 5.0

Dear sir,

You may complaint to BBMP authorities and also can take following steps:

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How to File a Harassment Complaint Against a Neighbour

Is Calling Police an Option?

Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

• Harassment Through Nuisance

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com.

• Harassment Through Mischief

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –

1. Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

2. You can file suit for declaration and mandatory injunction in a civil court as well.

3. You can claim damages in the same suit.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Firslty, this may be the ground of refusal to buy your place for sure, but you need to tell them that this is the temporary work of construction.

Secondly, but yes, if still that work is creating some nuisance to you in other some other way then you may get the same stated till the time they make in a proper way.

Thirdly, otherwise you can’t ask someone to put hold in their work just for a reason that it may not appealing to someone’s eyes.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi,

You may ask the owner to remove the said items and make the place conducive for living.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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