• Illegal parking in front of my house gate

Sir,

I would like say that my in front neighbourer parket his/her car every time and if I have to out my car from my house it is very difficult to get out my car on road which is 25 foot wide. While I request to him/her they are irritate and come to quarrel. What I do sir. If there is any law for this.
Asked 7 days ago in Civil Law from JAIPUR, Rajasthan
Hello,

File a police complaint against him for causing public nuisance. 
Police will help you for the same. 
If however you are not rescued by the police, Appropriate remedy would be to file a civil suit for injunction. 

Regards
Anilesh Tewari
Advocate, New Delhi
11837 Answers
153 Consultations

5.0 on 5.0

Dear Client,

This is creating nuisance and wrongful restrain according to Indian Penal Code. Call the polcie next time he do so, At once polcie will prohibit him and again he will park, will seize his car.
Yogendra Singh Rajawat
Advocate, Jaipur
5755 Answers
4 Consultations

4.7 on 5.0

Neighbour cannot create any obstructions in your right to passage as per law.

You should serve a legal notice to him to not to repeat the act and if he continuesto do so, you can file a suit for injunction with interim relief application in Civil Court in order to refrain him from doing the same.
Siddharth Jain
Advocate, New Delhi
2288 Answers
24 Consultations

5.0 on 5.0

Hi, it is advisable to file a civil suit for permanent injuction in order to restrain him and obtain a stay order from parking his car..
Hemant Chaudhary
Advocate, Gurgaon
3717 Answers
16 Consultations

4.9 on 5.0

It is illegal. If a person has put a board stating ‘Do not park in front of the gate’, then there must be some reason for that. Basically every individual has a right to enjoy his life in a hassle-free manner. If someone parks a vehicle in front of his gate, his path is obstructed which would eventually cause him inconvenience. Even after putting up a board as a caveat, still someone disobeys, then that individual has following legal remedies.

He can file a police complaint of Wrongful restraint under Section 339 of the Indian Penal Code (IPC) against the person who owns the vehicle or who parked the vehicle in front of his gate.
Mohammed Mujeeb
Advocate, Hyderabad
2034 Answers
1 Consultation

4.8 on 5.0

Complain robpolucecagaibst neighbour fir blocking your gate access 

2) issue legal notice to neighbour to remove car in front of your gate 

3) if he refuses file suit seek injunction restraining him from parking his car in front of your gate
Ajay Sethi
Advocate, Mumbai
52017 Answers
3099 Consultations

5.0 on 5.0

Sir ask your neighbour to park his vehicle in his premises or near his gate in case he doesnot listen file a police complaint for nuisance and quarrel and further obstructing from using your own property.
Shubham Jhajharia
Advocate, Ahmedabad
7444 Answers
22 Consultations

5.0 on 5.0

Yes, there is law please go to nearby Police Station an lodge an FIR for blocking your way by parking vehicle then see what happens ?
Koshal Kumar Vatsa
Advocate, Gurgaon
394 Answers
1 Consultation

4.8 on 5.0

Dear Sir,
You can raise complaint with local authority and also file complaint with police beside you have following options.
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 –
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.
You can file suit for declaration and mandatory injunction in a civil court as well.
You can claim damages in the same suit.
Netravathi Kalaskar
Advocate, Bangalore
385 Answers
1 Consultation

5.0 on 5.0

1) If it's society's land than you can make complaint to society Secretary.

2) If it's individual plotting area than you may make complaint in municipal authority.
Ganesh Kadam
Advocate, Pune
3844 Answers
23 Consultations

5.0 on 5.0

1. Lodge a police complaint alleging that the neighbour is purposely blocking your exist by car for breaching peace and tranquility in the area.

2. If police refuise to act, you can file a petition before the Court u/s156(3) praying for an order upon the police to register FIR based on your complaint and act accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

You have easements rights on the path to your home firstly lodge a police complaint if they do not mend their ways get a suit for permanent injunction against your neighbors from restricting your path to your home. Secondly if they fail to obey order of court you can initiate contempt proceedings against him.
Swarnarka Chowdhury
Advocate, Mysore
1553 Answers
2 Consultations

5.0 on 5.0

1. Serve a lawyer's notice to your neighbour to demand that he should not obstruct your ingress and egress to your house.

2. If he does not mend his ways even after the legal notice then click photographs of the vehicles parked by him in front of your gate and file a suit for permanent injunction against him in the city civil court.
Ashish Davessar
Advocate, Jaipur
24446 Answers
679 Consultations

5.0 on 5.0

Please take the help of the police in this regard for encroachment on the road and blocking your way out please can make challan of the car and also can tow away the vehicle.
Vimlesh Prasad Mishra
Advocate, Lucknow
3240 Answers
7 Consultations

4.9 on 5.0

If your neighbor is disturbing or obstructing your habitation ,i.e., is creating nuisance, then you may first issue a legal notice and then you can resort to police complaint about this .
Any other legal action may be initiated after exhausting these remedies.
T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

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