Neighbour accused of physical harm
Hi, unfortunately my neighbour is my maternal uncle who along with his family is accusing my father of causing him heart attack. There have been some fights recently,of which the last one was in my neighbourhood over a petty issue after which my uncle had a stroke. Now they are accusing my father of causing him this harm and also threatening to remove us from the neighbourhood.however my father might have engaged in an arguement, so did he.wht should i do?
Asked 2 years ago in Civil Law from siliguri, West Bengal
fights have happened from two sides, this cannot lead to the conclusion that he had the stroke on account of this. It could be due to other health reasons also.
They cannot falsely accuse you of causing this, nor can they remove you from the neighbourhood on this ground.
consult a local advocate, if these accusations persist get issue a legal notice to them from desist from taking any unwanted steps against you and your family.
Hi, simply making allegation against your father will not prove their case and they can't remove from you and your father from neighbor if they lodge any police complaint you can approach local advocate and contest the case as per law.
1. first of all you must lodge police complaint against ur maternal uncle for threatening you in PS of ur area.
2. if ur maternal uncle file any false case against you then defend it strongly with help of local lawyer.
3. do not worry at all.
Advocate, New Delhi
1) stroke must have been caused for medical reasons .
2) in neighbourhood difference of opinion between neighbours are common .
3) since your neighbour is your maternal uncle ask your mother to resolve the difference s . dont issue any legal notice . let family elders resolve the dispute
4) if your uncle files complaint deny the allegations .
5) in future next time if you have petty fight record the conversations
6) also install CCTV cameras around your house .
7) it will help you to gather evidence in support of your case that no offence has been committed by your father and that your uncle provoked your father
Thanks on cctv installation advice.
Asked 2 years ago
thanks for your appreciation
1. Your neighbour has no case at all,
2. Lodge a police complaint about his threat to oust you from the neighbourhood,
3. Next time in such cases record the conversations by audio/vedio taping.
ur uncle has no legal right to remove you from from the neighborhood.
call police whenever he threatens you by dialing 100.
Advocate, New Delhi
1. What proof has your uncle presented in support of his allegations? A mere allegation does not suffice in a court of law.
2. If a mere argument with your father can cause a stroke to your neighbour then it is apparent that your neighbour is suffering from a medical ailment.
3. Installation of CCTV cameras around your house will help you to rebut the allegations of your maternal uncle.
4. You cannot be ousted from your house under any circumstances. The maximum which your uncle can do is to file a complaint against you, in which event the CCTV recordings will throw light on what actually happened.
since is neighbor is your maternal uncle you should try to solve the dispute through your mother if not possible record the conversation and catch the conversation by CCTV when dispute goes on which will support the evidence in your favour for legal action.
Installation of cctv is a good idea because recording of event in it is a relevant evidence. A person is liable for any consequence which is immediate result of his act if there is nexus between act done and its consequence. Getting stroke is a remote consequence and he can't blame your father for that. If there is land dispute or nuisance then you should give an application to the SDO or block level administrative officer under section 133 & 145 crpc. That officer will take every step for prevention of fight and his order may be a good evidence for proving enmity between you. That order will support you in further judicial proceeding.