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Can a son file suit in place of parents against neighbours even if the son is not the owner of the h


25-Jul-2023 (In Civil Law)
I live with my parents in their house and our neighbour is doing illegal construction in his house causing disturbance and nuisance to all the other residents of the building. My parents have refused to file a suit or complaint against the neighbour. Can I claim to be an affected party in this situation and file the suit even when parents are against it or will I not be allowed to file the case to stop this construction. I filed complaint with police and mcd but no action has been taken by them. What can I do?
Answers (5)

Answer #1
970 votes
Yes…you can successfully file anything if the nuisance they are creating is beyond your control. If you have already filed a complaint with the police then you can take it to the magistrate under section 156(3) for registration of FIR. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
599 votes
Hi, Since the issue of illegal construction being done by your neighbour is predominantly a criminal offence (assuming there is no encroachment on the private property of your parents) the issue of you having a right to sue does not arise. And filing a complaint with the MCD and the Police was the appropriate step. If there has been inaction on the part of the MCD, you should approach the Courts to seek issuance of directions to MCD for scrutinising and disposal of the complaint. Please feel free to get in touch with me for any assistance
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Advocate Kunal Srivastava

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Answer #3
620 votes
You can file a writ petition before the Hon'ble High court to direct the authorities to redress your complaint/representation. They will have to comply the orders of the court and in case of violation they will be prosecuted.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

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Answer #4
571 votes
Yes u can file suit for damages in this regard, bcoz u r a spes secessionist in this property n your rights are already vested being the son ..u can. B in touch to understand the legalities in this regard.. thanks
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Advocate D. Khan

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Answer #5
504 votes
Greetings for the day! In case of illegal construction, you can make a complaint to the Special Task Force. It has been specifically constituted to tackle illegal constructions. In case of further assistance, kindly contact.
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Advocate Nihaarika Jauhari

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