Leagal issue Leagal issue

9 months ago

हमारे पूर्वजों का निजी जमीन है जिसपर बहुत पहले से एक महुआ का पेड़ था जो कि बारिश के कारण गिर गया है लेकिन जब हमलोग उसे काटने गए तो हमारे फैमिली से बाहर का व्यक्ति जिसका हमसे कोई लेना देना नहीं वह व्यक्ति उस महुआ के पेड़ पर अपना दावा कर रहा है बोल रहा है की जमीन तो आपकी है लेकिन ये महुआ का पेड़ मेरे पूर्वजों ने लगाया है ये मै लूंगा। हमलोग कोई विवाद नहीं चाहते।
आप बताए उस पेड़ पर किसका अधिकार होगा?

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
A landowner having possession of the land has got the absolute right to everything that is attached above and beneath the said land. An outsider having no relation with the landowner or his land, cannot claim a share of anything including a plant irrespective of whoever planted the sapling of the plant on the said land. So the objection or claim is not maintainable and acceptable at all. If the said person makes any nuisance affecting you and the public residing around, then lodge an FIR against the said person in the local Police Station u/s.268 and 503 IPC and inform the matter to the Civic Authority of the concerned area for resolving the matter.
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