Neighbour parking his car on common road and threatening to fight upon request to remove


Hi
My neighbour has parked his car on common road which caters to the need of six households. Now as the road crosses in front of their door they have parked their car in common road. When objecting why they have parked the car on common road they are threatening to fight and using abusive language. Please suggest what to do. We are peaceful family... Please guide with legal way out. As we need to pull out our car for drive there parked car is creating problem due to forceful parking. Please guide.
 
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If your locality has particular designated parking spots for parking vehicles, you technically can't do anything. Your neighbor can't park his vehicle in a spot likely to cause you or others inconvenience, for which an action may be instituted u/Sec. 122 Motor Vehicles Act. However, please remember that if your neighbor can prove that he was parking his car in that particular spot for a lengthy period of time; e.g. more than 10+ years, that may be adequate to prove his legal right of ownership over that plot of land for parking purposes.

At best, you can try approaching court of law & file a declaratory suit seeking ownership rights over that parking spot. You can also file a case of public nuisance, provided that your fellow neighbors also share the same opinion; I.e. They are also inconvenienced collectively.

For further queries you may mail me at: basu_kunal@hotmail.com. I will be most happy to assist you. 

Warm regards 


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NAG V ,
As per your version it is an common road. parking of vehicles on common areas which are not an allotted parking is a case of public inconvenience and use of abusive language causing of nuisance and threatening are punishable under law . First issue a notice to him that his acts and threatening use of abusive language are causing in convenience and to which he is answerable in court of law if he does not change his attitude.

For further quires you mail mail at: vsnmallesh@gmail. com. To suggest you.
warm regards.
 
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Advocate

take stay order from civil court against said neighbour so that he cannot park car in that common road.
 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : NAG V
.... they are threatening to fight and using abusive language. "

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like threatening, harassment, intimidation, breach of trust etc.... against the person, supported with all relevant supporting documents. 

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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