• Neighbour harassment

Me and my neighbours share a common wall since our homes are adjacent to each other. my neighbours has his bathroom through towards d side of wall from which there is water leakage going on which has spoiled my wall as well...also my floor has cracked due to water leakage under my floor..my neighbour is in delhi police, they don't cooperate with us and refused to get it repaired and so police is also not supportive towards us. please suggest legal action
Asked 3 months ago in Property Law from Delhi, Delhi
Religion: Hindu

1) complain to municipal corporation against your neighbour refusal to rectify leakages 

 

2) if he refuses file suit seek court orders to direct neighbour to rectify leakages 

Ajay Sethi
Advocate, Mumbai
68143 Answers
4114 Consultations

5.0 on 5.0

contact a local lawyer . file suit seek court orders to direct neighbour to rectify leakages 

Ajay Sethi
Advocate, Mumbai
68143 Answers
4114 Consultations

5.0 on 5.0

You need to file a suit and take order fro. Civil court. 

Kallol Majumdar
Advocate, Kolkata
1623 Answers
2 Consultations

5.0 on 5.0

Well, this is a civil dispute and hence you need to explore civil remedy.

So file a civil suit for declaration and mandatory injunction along with prayer for ad interim injunction as well.

Once the court injunct him from soling your floor anymore you can see your problem resolved soon.

Devajyoti Barman
Advocate, Kolkata
17972 Answers
258 Consultations

5.0 on 5.0

Dear Sir, 

You can online launch an FIR and if no action taken then a suit for injunction and claim for damages. 

Anand Shukla
Advocate, Delhi
484 Answers
12 Consultations

4.9 on 5.0

File RTI in MCD and request action taken report. IF provided false report, file suit in court for direction to neighbor and disciplinary action agasint concern officer who failed to perform their duty.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

You can complain before the higher municipal officer and the police officers. 

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

See in municipal corporation make a representation before the higher officer like the Commissioner if on same also no action is taken file a suit before the court.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

Hi

First get it confirmed that the damage caused to your property is due to the leakage from your neighbour's property.

By annexing the complaint copy given to MCD once again lodge a complaint to MCD marking a copy to the Concerned Higher Officials of your neighbour. 

Inspite of the same if there is no response, you may have to file a writ petition against the erring officials.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
902 Answers
6 Consultations

5.0 on 5.0

Hello, 

Giving complaint to MCD will be of no use in this case and neither the police will help you. 

 

 

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

You may go ahead and file a injunction suit in the civil court with a prayer from the court directing the neighbor to syo causing the nuisance and with a direction to get your damaged portion repaired. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

  1. If you guys reside in a cooperative society, then you must file a petition in cooperative court against your neighbor. 
  2. If you guys aren't residing in a cooperative society, then you must sue him in civil court for nuisance. 
  3. You of course require services of an expert advocate for taking the legal recourse in 1 or 2. I'm prepared to handle your case. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1163 Answers
3 Consultations

4.4 on 5.0

You need to file a civil suit in this matter if they are not agreeing to joint repairs

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

Dear sir, 

Since you have mentioned that your neighbour is at a influential position. so complaining in the police station will not solve your purpose. The best thing you can do is send him a legal notice stating to provide him some time unless civil or criminal proceedings can be initated against him.

On that note, you can initiate a suit for injunction against him in the court of law, in which the legal notice will act as an evidence.

You can contact me for consultation. if any, 

Regards, 

YUGANSHU SHARMA

ADVOCATE

Yuganshu Sharma
Advocate, Delhi
139 Answers
1 Consultation

5.0 on 5.0

Respected sir ,,

there are provision in law for creating such kind of problem ..that comes under the ambit of nuisance you must have to make a complaint of that under section 133 of CRPC to the district magistrate or sub divisional magistrate he have power under this section to entertain your complaint ..and your problem will be resolved y this complaint ...make all videos of that will help you in respect of your complaint ....

 

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

There are multiple solution available to the mentioned problem , you can report this to the concerned MCD and can also make a complaint to the SDM and if because of the acts of your neighbors if you have suffered damages than you can file a suit for damages also. 

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

You may issue a legal notice intimating your neighbor regarding nuisance being caused by him which is affecting your peaceful possession.

A complaint to the municipal authorities can be made

if he refuses to repair obtain court orders to direct neighbor to repair the wall and stop the water leakage from his side.

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

If there is no effective response even after making a complaint with the MCD then you may approach court and seek dirction agaisnt the neighbor to repair the same and ensure that this do not happen again.

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

This is a case of nuisance. Section 268 of the Indian Penal Code defines Public Nuisance as “An act or illegal omission which causes any common injury, danger or annoyance to the people in general who dwell, or occupy property, in the vicinity, or which must necessarily cause injury, objection, danger or annoyance to persons who may have occasion to use any public right.”

One option available to you, is to approach the Police and report the case of nuisance. The other option you have is to seek injunction by approaching the Court. The Court may direct this neighbour to repair this leakage, which has otherwise been a cause of nuisance for you.

Vibhanshu Srivastava
Advocate, New Delhi
8719 Answers
142 Consultations

5.0 on 5.0

Dear

You can file a civil suit for claiming compensation for damages and mandatory injunction to your neighbour for doing the necessary repair to stop further damages. 

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

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