Constant harassment by apartment neighbour
2 years ago
My mother lives on the 3rd floor of a 5 story building. On the 2nd floor, exactly beneath our property, lives another family. In the entire building, there is a construction related problem which results in water leakage. Appropriate steps were taken previously to solve the issue but the family beneath us almost on a monthly basis, unilaterally brings plumbers or other people, knocks our door and tell my mother they need to do some work on our bathrooms.
We had let the plumbers do their work multiple times before without any objection despite of our inconvenience. Every time they say 'this is the final time and we won't disturb you again', only to repeat the process after few weeks. Recently, my mother has been severely sick and they brought plumbers to our doorsteps, without any previous consultation with us and demanded to be in. When my mother did not allow, they tried to force their way in and resorted to vile name-calling towards mother. Later, they threatened her that would file FIR if we don't comply to their demands and evict her from her legal property by force. The secretary of our apartment is more friendly towards them and had previously harassed my mother by threatening her on multiple occasions.
My question is, can I legally stop from my neighbour from forcing their way in for their problems when any kind of 'alleged' leakage or other construction problems are not due to our own activities? Can they forcefully enter into my legal property when we are not willing to them to come in?
Your neighbors cannot enter your property forcefully or without your consent.
You can file two cases; one for trespass which is a civil suit, second for the harassment your mother had to suffer including the insults and intimidation, for this a complaint under section 488 of the Indian Penal Code can be filed.
Thank you