• Parking issue

I have a corner house. One of My neighbour parks his one car on one side of my house and the other one on his front side Which is opposite to my gate and obstructs my entry. I have 2 cars but we are able to park only one car on corner side of my house as he keeps on parking his car on my side and moreover i am not able to park my car inside my house as Gate entry is also obstructed by his second car. this causes lot of inconvenience. pls suggest a remedy or any legal recourse. Thanku and regards CA. Sachin Kumar
Asked 4 years ago in Civil Law

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9 Answers

you 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 your gate.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi,

You are suggested to first send a legal notice for not doing so and if he not listening, file case for permanent injunction.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir issue legal notice to said person that he is obstructing to use your own property freely if on notice he does not take steps then complaint to.society if any and file a suit for.permanent injunction against him to.park.there as he is obstructing gate and place.

And further give a police complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read:

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, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Issue neighbour legalnorice to remove his car from your gate as it blocks your access to your house

If he refuses file suit seek injunction restraining neighbor from parking his car in front of your gate

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Your entry and exit to your residence cannot be obstructed. The driveway to your house can't be obstructed by your neighbors in a way that you're unable to Access your house by means of your four wheeler.

Fit case to be reported to Police.

Alternatively, you can send a legal notice to your neighbors.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You should serve a legal notice to your neighbour asking him to refrain from parking his car in front of your house as that obstructs your passage.

If he continues to do so even after receiving the legal notice, then you can file a suit for injunction with interim relief application in Civil Court in order to seek relief from the court against his arbitrary actions.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Choose file a complaint in the police for the inconvenience caused by the earthing up the car in front of your gate which is blocking your access and road.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If the peace talks fail and the neighbor is reluctant on this or arrogant about it, you may issue a legal notice to him to remove his obstacles namely his car which is obstructing the access and entry to road and home or else to face legal consequences if you approach court of law for this.

You may first lodge a criminal complaint agaisnt him for creating nuisance by intentionally parking his car in front of your house obstructing your entry.

If the police are not cooperative or reluctant to initiate proper legal action, you may either approach the local civic body for relief or file a petition before judicial magistrate court under section 156(3) cr.p.c. seeking direction to police to initiate legal action on your complaint pending before them as per law.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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