• Can my neighbor cut a fruit bearing plant brunch (Custard Apple Plant) ?

A brunch of my fruit-bearing plant was cut by my neighbor with fruits without my permission.He posted also on the social media that he is taking revenge . The neighbor is very hostile and I have several complaints against them. The property my tree had grown did not belong to him, but is an illegally build internal village road without proper formalities. I feel threatened can you advise.

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Asked 5 years ago in Civil Law

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16 Answers

File police complaint against your neighbour for having entered your property and cut fruit bearing plant under section 504 of IPC for acts endangering peace and for criminal trespass under section 441 of IPC 

 

2) rely upon his posts on social media to prove he has committed offence 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Pruning the branch of a full grown tree is offence and if you lodge complaint with local then FIR can be registered against them. 

Thereafter file a civil suit for declaration and injunction to stop of repetition of the same event. 

However the offence can be prosecuted if the tree falls within the Municipality. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes, you can make complaint against him for destroying your property. For this you can file a suit against him for the Compensates for plant and fruits losses. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You make a complaint about this with the forest department,  local civic body and police. 

If the actions initiated are not effective then you can approach court with a suit for permanent injunction against him restraining him from interfering in your possession and enjoyment of your property 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Please issue a legal notice for his criminal act of mischief with your property and register FIR against him under section 427,504 and 506 I P C before the Police Station under whose jurisdiction the offence of cutting of your tree by him occurred. 

After registration of FIR you have to move before JMFC under whose jurisdiction the police Station comes which has registered you FIR for Criminal Mischief, Criminal Insults and criminal intimidation for reasons of cutting of Tree.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You can file a complaint of mischeif against him under IPC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This is theft and please lodge a complaint with the police accordingly.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

File police complaint. 

Also a complaint in forest department 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hello!

I did not understand this portion of your question:

"The property my tree had grown did not belong to him, but is an illegally build internal village road without proper formalities."

Do you mean to say that the tree stands on an illegal internal village road and not your own personal property? 

If, yes you yourself are not having a right over the tree and the tree belongs to the government.

If however the tree is on your personal property your neighbour can be booked for offences of theft (as soon as the branch is severed it is considered to be theft whether or not he took the fruits), mischief, criminal trespass, Intentional insult with intent to provoke breach of the peace and criminal intimidation. All these offences are defined and punishable under Indian Penal Code

You con complaint to the local police station. 

You can also claim compensation from the civil court for the loss cause to you. 

Hope this answer helps.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Penalty for cutting down a tree is Rs. 10,000 or 3 months imprisonment. Complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Lodge police complaint against him u/s 441, 504 of ipc. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can lodge complaint against your neighbour for Cutting and stealing fruits from your tree. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- As per law, your neighbour has no right over the fruits of your tree without your consent. It is an offence under IPC , and you can lodge a compliant against him. 

- Further , you can claim damages from his legally as well , after filing a suit before the court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir/Madam,

You are suggested to lodge the police complaint against the said neighbour mentioning all the facts. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

A criminal complaint against the neighbour should be filed immediately stating that youfeel threatened by him. Attach a picture of FB update.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been harassed and also lost has been put to you by the other person which is punishable under law.
  2. I would like to apprise you that you should file a complaint case against that person before the Magistrate by taking help of the said social media post.
  3. In this way, you may not have to approach the police station time and again, but only a case direct bridge the court of law and he will be held guilty for his conduct.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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