• Harassment of senior citizen by neighbour

My parents live in society with common wall with neighbour . they are senior citizen and mostly live there as they have many other friends in town . mu neighbour is doing lot of trouble and many times cut trees in garden which my parents like. we plan to increase wall to a height as similar to other side neighbour which they did with our permission and works well. The trouble some neighbour doesn't allow to increase wall and continues to harass parents , How can I protect them. Neighbour also doesn't listen to anyone in society and sayd I will do what my advocate says. please guide
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

You can approach local police station and lodge a complaint u/s 268 of IPC. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) you need permission from muncipal corporation for increasing height of compound wall 

 

2) if you have permission seek court orders restraining neighbour from obstructing workof increasing height of compound wall 

 

3) if he is abusing your parents they can call police helpline for senior citizen for assistance 

4) they can obtain restraint order against neighbour 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir your parents can file a complaint with police and further approach SP and District collector for taking action against the neighbour.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. You have to move the cooperative court to seek redressal. 
  2. I'm ready to handle the matter​. Your contact details aren't shown to me here. Send me the same in feedback. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. It your neighbor cut the trees of its branches without your permission then you can lodge complaint  with the local Municipality and local police as the same amounts to crime.

2. For raising height of the wall , you can file a civil suit for declaration and injunction. If the wall was constructed in your land then your neighbour can not stop you from rising its height. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

At any time they against create any nuisance, your parents may take help from Police by reporting the matter to them. There's a good probability that with the intervention of Police, they will mellow down. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) First you have to make complaint in writing to Secretary of society.

2) Secondly check the trees or your compound wall are not appearing or making any trouble to neighbors as per the Easement Act. Then you can act accordingly.

3) Do let me know your bungalow layout plan so I can guide you properly in legal way.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If there is any problem on nuisance by the neighbour and you can approach to the police and file a complaint against him if he is cutting the trees then the Forest Department can be informed in this regard however the matter of raising the boundary wall height can only be sorted out by amicable agreement as the boundary wall belongs to both of the parties

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

  1. As per the information mentioned in the present query, makes it clear that your parents are harrassed for no reason by your neighbours.
  2. There may be a solution where your parents can file case agaisnt then under the Senior Citizen Act.
  3. And there may be a solution to retrain then from doing the nuisance by filing a suit for temporary as well as permanent injunction against the neighbour, they will surely get the protection on the first date of hearing.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You can file an injunction suit against the neighbor seeking to restrain him from interfering in your parents peaceful possession and enjoyment of the property and an interim injunction on the same lines till the disposal of the main suit.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

hello

     first of all lodge a written complaint against that person with the police. if they are not responsive, file a complaint with the magistrate. also, approach the municipal authorities and explain the problem of increasing the height of the wall.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Client,

Why don`t you complain to police for nuisance creates by them and legally you can erect 2 meters fence and with authorities permission 2.5 mtr and above.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like intimidation, harassment, nuisance against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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