• Repair work inside my home

My neighbors are objecting to the repair of my house. they are complaining about the noise. but my flat is actually in bad shape due to seepage. they threatening to file a case against us. please help us. they even send goons to our house.
Asked 4 years ago in Property Law
Religion: Hindu

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26 Answers

See you can legally carry out repair work in the appropriate hours if the neighbour is harassing you file a police complaint against them also for intimidation and sending goods register complaint against them.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

File a complaint with the police and explain to them the situation. If the police does not respond then file a complaint against them before a magistrate. Engage a lawyer.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No such case is possible. You are doing what is essential for you life.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can complaint to police and also lodge Fir. It's illegal they can't stop you from doing work

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

You are at liberty to carry out repair works of Your house after obtaining prior permission of society 

 

2) work should be carried out during timings set by society 

 

3) no case is made out against you 

 

4) record their threats . It would help you in case any false case is filed against you 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7556 Consultations

5.0 on 5.0

When you are carrying out work there is bound to be some noise 

 

don’t bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7556 Consultations

5.0 on 5.0

1. you can do the repair work stating the same as necessary,

2. the court may not intervene in such matters,

3. regarding goons, you can file a police complaint,

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. What your neighbours are calling 'noise' is actually 'sound' which is inevitable if the repair work is done. Nothing prevents your neighbours from installing noise barriers on their door.

2. Let your neighbours go to court and seek injunction against you.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Intimidation, Threatening, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

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

5.0 on 5.0

You have every right to get repaired your house subject to time,day and inconvenience to anyone adjoining your house. 

Debris and garbage must be taken care of daily after work is over.

If someone is troubling you with threats of goons, Please approach Police officers for action under the provisions of law.

Please file FILE your complaint with Police for threats which is illegal and cognizable offenses. Pl file it for action against goons. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

No case lies against you and you can without anyone's intervention make repairs during a reasonable time during the day. Infact FIR should be filed against them for threating to hurt, criminal intimidation, you as well as trespass under relavent sections of IPC.

No need to be scared you have not done anything wrong. Next time they threaten just make a video for further proof to help you in the long run. 

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

1. Even if noise comes from your house out of constructions then the same is not illegal. 

2. So let them threat . Out of this no case lies against you. 

3. However take all possible precautions to bury as much noise as you can. 

Inform the local police if they regularly threat you. 

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

This is common sense that when renovation work is going to proceed in the house noise will come, you have to tell him this noise will not be last long forever, it will be hardly for month till work gets completed. He can make complaint to nearest police station and start the work internal part you can perform the work take the permission of the Municipal corporation officer and get the time fix for the working in the day hours 9 to 6 etc. 

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

File a suit for mandatory injunction in the civil court with the help of local lawyer and seek ad interim injunction.

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

1. See in case you are carrying out work repair work at daytime no complaint is maintainable as they cannot take away your right for repairing. In case any work is carried out at odd hours than it may be disturbance.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes, if the noise is too much or if you have the neighbour who has any ailments then yes ypu must take care of that but when the noise is for repair work and that cannot be done without noise there is nothing you can do, nor they have grounds to object it .

In case you want to discuss it in detail feel free to get in touch with me.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Dear ma'am/sir

You have a right to carry on repairs and this does not amount to nuisance. 

Legally no case can be made out against you if you carry on the repairs during day time after taking reasonable measures such as putting a cover to avoid escape or dust, building material etc in their house. 

If they ever send goons, lodge a police complaint. 

There is no need to be terrified. You are not committing any crime.

Hope this answer helps. 

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

Dear Sir, 

You are suggested to file the police complaint, serve the legal notice and also file the case of injunction against him. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can carry out the maintenance work with proper precautionary measures 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- Since, you are the owner of your property , hence legally none can object you to repair or carry on construction work . 

- You can lodge a complaint against that neighbour for obstructing you in the work of repairing to the police and higher official . 

- If no response, then file a Permanent Injunction suit against that neighbour for getting court order for the same. 

- Further , then have no legal ground to lodge a complaint against you .

Mohammed Shahzad
Advocate, Delhi
13267 Answers
198 Consultations

5.0 on 5.0

In this case you should inform your RWA and take written permission from RWA to get renovate your flat. And, let the RWA deal with this person. And if there is no RWA so take legal permission from MCD and give its copy to local police station and if your neighbor creates issues so let police deal with him. As such no one can stop you to renovate your flat as you are the legal owner of that flat hence it is your legal right. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No need to worry, just File General Diary Complaint  against Him before Local PS. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. If they sent goons to your house then you should lodge FIR against them before they initiate any legal action against you.

2. They cannot Lodge complaint against you for noises due to repairing of your house. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you have obtained proper permission and approval,  from the local civic body,  you can take precautions to not to disturb the neighbor and proceed. 

If they subject,  you may ask them to proceed legally which can be challenged properly. 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

You have been given approval for going ahead with the construction as per the conditions therein,  hence you need not be worried about such skirmishes. 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you  have been harassed because of no reason as getting the construction work done is your right to leave a life with safety.
  2. They cannot get the case admitted at all as the court of law would also consider your case too before passing any order.
  3. And lastly, there can only be civil suit be filed against you, but not at all any nature of criminal case.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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