• Trespassing

I have a house in a SOCIETY where i run registered BREAD & BREAKFast facility. I have license & permission from govt dept.
The neighbors are always jealous and create problem for us & elderly behave like khap panchayats.
Yesterday one of my guest were checking out and our neighbors started shouting at them. We were not home but our guard & care taker lady (maid) were present who reside with family lives there with her children also.
The guest and neighbour shared few argument which lasted 2-3 mins and then the guest left while the neighbour called few elderly free man of society - who barged in to my house & started inspecting bins, guard post. While my maid tried to stop - they threatened her and then entered my main house also and clicked 10-15 photos. The entire episode is recorded in my STAIRS & FRONT of house CCTV camera. One guard from the society also accompanied 2 elderly gentlemen from society who barged in my house and clicked photos from here and there. There was no guest in house at that moment.

I want to explore my legal options - as i want to complain against them for trespassing my house. 

1. SHOULD i go to police & file a complain. What should i write & highlight
2. Should i go to lawyer & file a legal notice - what should be content
3. They are instigating other neighbors and spreading lies about us - how do we refrain them from doing so
Asked 2 years ago in Constitutional Law

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6 Answers

1.  You can very well make a complaint against your neighbors with the local police for  criminal trespass and damage to your properties by their acts and also for assault on yor maid and using abusive language against her.

2. If your approaching a lawyer, you narrate him the indents properly, he would send a legal notice accordingly.

3. a legal notice to them would make them silent.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You can file complaint of criminal trespass against the culprits 

 

if you don’t want to do so then issue legal notice to neighbours to not enter your house without your written consent 

 

you can obtain restraining order from court against your neighbors 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

You may lodge a police complaint based on all the documentary evidence, such as CCTV footage available, for intrusion of privacy criminal trespass. State all the relevant facts only and give correct details.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Dear client, 

you need to first tell this to the police and give them a warning. If they repeat the same then send a legal notice to them about the charges they will face if they continue their acts. 

Thank you

Anik Miu
Advocate, Bangalore
8853 Answers
110 Consultations

4.7 on 5.0

1. Since, you are running the said facility after having permission from the competent authority , then the said acts of neighbors are against the law , and they cannot take the law of the land in their own hands. 

- You can lodge a compliant before the police and higher official for the offence of creating trouble , threat ending and trespassing in your property. 

2. Yes, you can also send a legal notice to them after mentioning that if they will create a nuisance in future then you can approach the court against them. 

3. Do as above 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

1. Yes

2. Yes first legal notice then complaint

3. You can stare the same in legal notice and then take appropriate legal steps

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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