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Our neighbors want take possession in our ligal property
18-Apr-2023 (In Property Law)
Am living in Delhi at fourth floor building, we r owner to upper ground and first floor and one shop on stilt we sold before second and third floor and one floor each one bike parking on stilt and no more parking other vehicle , but third floor owner want to take possession on stilt area and he always threats my senior citizen parents... And he mentally harressment them regularly he abused and torture them my parents is old he feels so helpless our neighbors also an advocate so pls tell me what to do in this case
We need to check your property papers, how have you sold it to other person. Accordingly we can tell you how you can take injunction that is stopping him from taking possession from you illegally and action can be taken against him
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Adv. Tanishq Panwar
Delhi | 25+ Answers
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When was your building constructed ?
If in the MAP it shows stilt space for common use then every owner on the said building has right to park the vehicle n u can’t stop him ...however I need for details for your case but he doesn’t have rights to threat u or torture u
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Adv. D. Khan
Delhi | 1000+ Answers
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Sir harassment and torture is an offence and it is applicable on everybody irrespective he is a lawyer or whosoever. Your parents can file a complaint in police station for nuisance, threat and various other provisions. For that you have to provide the complete detail so that I can guide you under which section and provision they can be safeguarded.
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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In the facts and circumstances of the matter and since the situation is serious, take help from professional advocate and draw a concrete strategy to get rid of rascal. do not approach the police straightway without discussing the advocate you engage for a cause.
thanks
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Adv. Rajinder Pal Singh
Delhi | 200+ Answers
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In this case you need to file injunction suit against that person , is the map approved my MCD , in case it is approved than you need not to worry initially they might harass you but ultimately you will win the case
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Adv. Dev Yati
Delhi | 5+ Answers
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Sir, no one has right harass, torture and abused the senior citizen. Further, your parents are the owners of the property and the neighbours can't harass him. They commit the offence if they do the same. You should take the strict action against him for safe your parents and property also.
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Adv. Shikha Gupta
Delhi | 50+ Answers
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Ideally in this case we should start by issuing him a legal notice regarding the difficulties we are facing.
If he still doesn’t stop, we may initiate proceedings under the Rent Control Act and appropriate case he filed before the authority.
We are hopeful of getting an order against the third floor tenant.
Thank You.
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Adv. Aditya Singh
Delhi | 50+ Answers
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Since you have sold the two floors, the transfer documents have to be seen. It has to be seen whether you have sold 50% share in the stilt area or you have only sold the right to park two bikes only. The entire answer to your question depends on the document. In case you have goven the right to park the bike only then you can file the suit for injunction against them asking the court to stop them from doing so and you can also make complaint to police at the time when they create a hotch potch.
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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