• Property matter

Dear Madam/ Sir,
With due respect it is stated that I live alone in my home after partition in 2002 among all 05 brothers of my husband due to my husband has passed away (due to pancreatic cancer so we were absent a long time from my home for treatment) and my only son is in Government Service.
My neighbour has no wall is in her home (due to 5 Feet width) & they used my 14 inches wall for any work a long time ago. Before 02 years ago she cut my wall to enlarge her house space. After threatening it to lodging a police complain they repaired the cutting area of wall. After a long time when I heard a loud sound recently I asked my neighbour and her daughter to keep in mind the previous incident. They abused me & entered in my home to hit me abruptly. I could not escape myself due to alone & they are three in number. 
I gave an application to the concerned Police. The two constables were observed it with me. I saw that no spot due to previous cutting wall because they do finishing work of the wall and may be cut & used my wall. They used all the water wiring with the iron pipe of using my wall during my husband treatment. Due to water wiring my home is affected from water shippage and devastates the wall & connected part of my home. Her daughters are not good character so no body want to be witness against them. 
After seeing it I said to them not to using my wall but they all time abusing & using vulgar word and also hitting me & warned to me for eliminate. Her daughter also threaten to me that they taunt my son with charge of malfeasance. I also said the previous matter i.e. hitting to me with the concerned Police Chouki but they showed their constrained that there are no women police & no man live in the house of offender.
Please give me a solution.
Thanks to all.
Asked 9 years ago in Property Law
Religion: Hindu

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3 Answers

1) you should install CCTV cameras around your house

2) record all threats received from your neighbour

3) lodge police complaint of criminal intimidation under section 506 of IPC against your neighbour

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

1. The solution which you should avail is to seek a stay order from the court against this neighbour and her family members to restrain them from doing anything which has the effect of depriving you of your right to peacefully enjoy your property.

2. Additionally you can also lodge a criminal complaint for intimidation against them. If the police does not act against them then you may file the case directly in the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

For the nuisance and atrocities of neighbors, a criminal complaint with the local police will be the only solution, if the local police is not taking proper action on the complaint, escalate the matter to the higher police officials, if you do not get any relief from them too, you may approach the judicial magistrate court with a petition under section 156(3) cr.p.c. along with a copy of eh complaint and an affidavit stating that the police are ineffective o your complaint hence seeking the court's direction to concerned police to investigate the matter and initiate proper legal action against the culprits.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

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