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Mariam Taweel (not applicable)     17 June 2017

Using my property for structural support

Hello,
I wanted to ask for some advice about what I can so legally in this matter. My house is ground plus 3 floors, and my neighbours is 1 floor. They are making their roof again, howver they have put structural support on the wall I built, and drilled holes inside my wall. This is done without my permission and whilst I was away on holiday.

They have damaged my wall during the works, and not willing to cooperate. 

Does this count as trespassing, and what can we do?

Thanks,
Zaiba



Learning

 11 Replies

NATARAJAN IYER (Proprietor)     18 June 2017

It is both damage to property, trespassing, etc multiple offences.

first click photos, take video coverage and then make a CD/DVD ( for court evidence, when there is no photo film evidence ).

Take prints of these photos, one CD/DVD and first FILE A COMPLAINT IN THE POLICE STATION immediately.

Insist on a FIR.

The Police has to immediately register the FIR and arrest your neighbour and produce him in court.

It can get very complicated for your neighbour.

But in these civil matters ( criminal offence is also present in your case ) usually the court would not grant stay upon further construction

if he gives in writing that he would set right / repair the damages caused by him.

Usually the police take this in writing from him and matters are solved amicably.

But first file a complaint at the police station.

Ms.Usha Kapoor (CEO)     18 June 2017

I agree with my learned  friend. Damage TO PROPERTY AND TRESSPASS ARE TORTS AND CIVIL WRONGS AND THE RESPONSDENT INCURRED LIAVBILITY.you file these cases along with CD/DVD of damaged wall for court evidence. Also file a police case AND REGISTER FIR.QWith these the your neighbour collapses with the burden of civil and criminal cases against him He ill buckle under pressure and give it in writing that  he will stop damaging the walll and reconstruct  another boundary wall..In Criminal case  you can also seek compensation from him for  the damage caused to your property.

NATARAJAN IYER (Proprietor)     21 June 2017

To all citizens The concept of a quack like in the field of medicine, does not arise here in law. For the general subject Law, which is a fundamental and natural right of every citizen, you do NOT need an advocate. Knowledge of Law and common sense along with wisdom and strategy are what are required. Ultimately you take legal action when your rights are threatened. But the factor of time and the procedures of law that need time and energy to be spent is what makes the common man approach an advocate which is indeed advisable on a case to case basis and cannot be generalized as a compulsory thing to do. Say, for instance, notarizing. No sensible man would pay five thousand rupees to an advocate to get a document notarized which he himself can get done with a hundred rupees. Placing stars next to an advocate's name here on this site would amount to advertising his identity indirectly and this is against the rules of the Advocate's Act and Bar Council. If these two basics are not known, what advocate is he/she ? Law is indeed supreme. Law alone is Supreme.

NATARAJAN IYER (Proprietor)     22 June 2017

Just on a concluding note, law books, Google search, live experience etc are ways and methods of gaining legal knowledge unless a person is a born legal luminary. The INTENTION to guide and do good to genuine victims is what matters. Till date I have not commercialized my presence here and do not intend to. But a few like you have crossed my path, made fun of themselves and then vanished. So you are the latest. Nothing new. I am not affected.

NATARAJAN IYER (Proprietor)     23 June 2017

To all 1. This forum is NOT for advocates alone. It also says for GENERAL PUBLIC. The forum moderators have never prevented any non-advocate ( without that law qualification ) from participating. 2. I am from the technological background with knowledge in multiple fields and guide based on both knowledge and experience. 3.This thread was based on a query regarding structural support and I have guided based on personal experience. 4. Anybody intending personal attacks and then going on at length with irrelevant blabber and assumptions and presumptions are free to sit by the way-side and continue since no vehicle will stop by them. Using defamatory words produce no effective result except for showing their own standard. If an advocate follows ethics he/she gains respect. If an advocate violates ethics he/she loses respect. As simple as that. Law ALONE is supreme.

Mariam Taweel (not applicable)     23 June 2017

Thanks everyone for you responses and advice.

Much appreciated.

NATARAJAN IYER (Proprietor)     24 June 2017

@Kiran You say " citizens are mere beneficiaries and real advocates are supreme !!!! " So indirectly you are saying citizens are slaves and advocates are masters !! You go on to comment about people's source of knowledge, You issue seriously defamatory comments and highly negative labels...etc Hmmm...I have two options here (1) I continue to speak to you and argue back and forth (2) I ignore you and your words and plainly move on without wasting my time, money and energy. I choose the second option.

(Guest)

have been watching this thread. Adv Kiran has some valid point here from the beginning in keeping the upbeat of LAWYERS and their capacity to give legal advises. I personally have been benefitted from this forum with some great advises to deal with someone when he took me for a ride eventually to ask me to contact a advocate. So ,want to regiter my view on this thread and do not trying to be a mouthpiece for anyone here.

@Natarajan
the below statement only looks like you are trying to twist a clear statement  made by Adv KK and gain a sympathy here probably from citizens. understand the basics that even a advocate is a citizen by him/herself and it is all implicity defined.everyone is a LEARNED person here  and we all know how to intrepret things.

"So indirectly you are saying citizens are slaves and advocates are masters"

NATARAJAN IYER (Proprietor)     24 June 2017

You will say something, I will debate. I will say something, you will debate. I am not interested in dry argument. Thankyou.

(Guest)

@Ramesh Singh - Absolutely...We will continue to provide our HELP in all forms in the name of KNOWLEDGE sharing and all we need is just respect others views and MOVE ON. Thanks

 

NATARAJAN IYER (Proprietor)     26 June 2017

I guessed so. Hmmm...It has now become a fashion for few people to assume that LLB / MBBS/ etc gives them superiority and GOD status. They realize the hard way that society does not care to even look at them. People keep moving and accept 2+2 as 4 irrespective of who says that, whether a M.Sc ( Maths ) or a lay-man. For Respect, the law of nature has it clearly defined... Give respect, you get respect.

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