You can issue legal notice in this case and take legal recourse in future if required
My 1st floor neighbore #102 intentionally making huge noise, he is provoking me and mentally torturing me
Hi All, I am staying in Akshaya Homes apartment from last 6yrs, there is a problem with family so they are staying separate now. This apartment is in my name, I am 36years old staying alone in the flat. The neighbour of flat who stay in #102 is making noise and disturbing me, if I go & talk to him he says he is not making any noise and other neighbours will support him they also say he is old person he will not make any noise, I also observed someone entering and leaving his house. If I shout they are saying you are not correct, you have to marry, love and marry any girl which is your level, ask your parents to stay here by staying alone you feel depressed and you imagine the things. I do not have proof to show that he make noise, I only have Apartment whatsapp group chat where I have asked him to stop making noise but he never sent any reply eventhough he is added to the group. Can I issue a legal notice to him saying that he is interfering in my family matters and I am suffering from health and mental issues due to him. Let me know how can I issue a legal notice and how can I defend myself in the court.
Asked 1 year ago in Property Law
Religion: Hindu
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7 Answers
You need to engage any lawyer for sending legal notice to neighbour
2) in alternative file complaint against neighbour woh secretary of your society or association
3)contact a local lawyer
1. First, bring this nuisance of your neighbour to the Association and request their intervention to resolve this matter.
2. If there's no positive response to (1) above, send a legal notice to your neighbour.
3. To defend yourself in the Court, record the nuisance he is causing to you.
You cannot take any legal action against your neighbor without having any evidence to prove your allegations against him.
First you gather evidence for the alleged nuisance and then you make a complaint against him with the association.
If they fail to take any action then you can think about taking legal.
Don't be impatient and take any decision in haste, it will backfire and you will land in trouble.
Unless you establish that unbearable noise is being made from the house of your neighbour, sending of legal notice is of no use.
Before issuing a legal notice, it is critical to collect evidence of the disturbance. Here are some steps to document the problem:
Keep a careful track of the dates, hours, and types of disturbances.
Audio/Video Evidence: If feasible, capture audio or video evidence of the noise.
Witness Statements: If there are any additional neighbors who witnessed the disruptions, get written statements.
Medical Records: If the disturbances are impacting your health, keep track of any medical appointments or treatments.
A legal notice is a formal notification made to the offending party prior to pursuing legal action. It is advisable to hire a lawyer to draft and send the notification. Here's how to proceed:
Consult a lawyer. Look for a lawyer who specializes in civil or property issues.
Drafting the Notice: The lawyer will write the notice, explaining the disturbances produced by your neighbor and their impact on your health and wellbeing.
Sending the Notice: The lawyer will send the legal notice to your neighbor, demanding that they cease the disruptions and alerting them of possible legal action if they do not comply.
If the problem persists despite the legal notice, you should consider submitting a formal complaint.
Police Complaint: You can make a complaint with your local police station about the disturbances and harassment. Provide them with all of the proof you've obtained.
If the police complaint does not fix the situation, you may launch a legal suit for nuisance and harassment in your local court. Your lawyer will walk you through the process.
legal basis on which you can complain is, Nuisance: In Indian law, making continuous or repeated noise that interferes with another person's use and enjoyment of their property is deemed a nuisance.
Harassment: If the disturbances cause mental or emotional anguish, they may constitute harassment.
- Yes, you can send him a legal notice for the same and to instruct him not create nuisance , otherwise you will be constrained to take legal action against him .
- Further, you can also lodge a complaint before the management of the society as well.
