General query

If the tree is planted on the public road on Govt land other than land belonging to any perosn than it is public property and if govt. has no objection anyone can pluck fruits. No person can calim the ownership of tree

What is the contest for this query?

By asking hypothetical question you waste time of experts.

Time pass query should be discouraged and avoided to save time and efforts of experts doing social service at the cost of their profession.

Dear Sir,

I trust this message finds you well. I wanted to clarify that my query is genuine and relates to a recent situation within our neighborhood. Recognizing that not everyone has knowledge or expertise in legal matters, I was simply seeking clarification on this issue.

However, if you feel that this query does not meet your standard or is not worth your time, I fully understand and respect your decision to disregard it. I’m confident someone else will be able to provide the necessary clarification.

Thank you for your time and consideration. Best Regards!!!

The owner of property has encroached the government property by planting a tree outside his property hence he cannot claim ownership of either the fruits or tree

The main question here is whether the house owner has any legal right over the tree just because they planted it, even though it is now growing outside their boundary on public land.

Does the house owner have rights over the tree?

NO! Once a tree is on public land, it belongs to the government or the municipal authority, not the person who planted it. The owner may have planted it, but since it has grown outside their private boundary, it is now considered public property.

Can outsiders pluck mangoes from the tree?

Technically, NO. Even though the tree is in a public space, it doesn’t mean anyone can freely pluck the mangoes. The tree falls under municipal control, and removing fruits without permission could amount to theft under Section 378 of the Indian Penal Code (IPC).

Legal provisions that apply:

1. The Indian Penal Code (IPC), Section 378 – Theft
   • If someone plucks mangoes without permission from an authority (municipality, panchayat, or government), it can be considered theft.
2. The Indian Forest Act, 1927 & Local Municipal Laws
   • Even though it’s not a forest tree, many municipal corporations have rules regarding trees on public roads. Cutting or harvesting from them may require permission.

What actions can be taken?

• If someone is illegally cutting or damaging the tree, the house owner or any citizen can file a complaint with the municipal authorities.
• If people are plucking mangoes in large quantities, a police complaint can be filed under Section 378 IPC (theft).
• The municipality can auction or allocate rights to the fruits if they wish.

In short, the house owner has no ownership rights once the tree is on public land, but that doesn’t mean anyone can freely take the mangoes either. If you’re facing an issue like this, it’s best to approach the local municipal office for clarity. If you need specific legal guidance, feel free to drop me a private message so I can assist you better!

Thank you so much, sir, and everyone else, for the clarification.

I know the question might sound a little silly or even dumb, and I felt that way too at first, but I wanted to get it cleared up.

Here's the situation in short: During my evening walk through the neighborhood, I came across a mango tree with fruit hanging from it. The tree was just outside someone’s property, but its branches stretched into the homeowner’s yard. I hope that paints the picture.

As I was walking by, I saw a family—a husband, wife, and their two sons (one young, one older)—passing by the tree. The older one plucked a couple of mangoes, which the homeowner noticed.

He came outside and confronted them, saying the tree was on his property, he planted it and they shouldn't pick the fruit. The family, however, disagreed and argued that it was public property.

There was a bit of a back-and-forth conflict, but I just watched for a while and then kept walking, so i am unsure of what happened in the end. I didn’t want to get involved. It seemed a bit funny to me, but at the same time, I was confused about who was actually in the right. That’s why I reached out for the clarification.

Thanks again for your help, everyone!

In India it is a general tendency for house owners to encroach government property by whatever means or reasons or size.

Here this owner might have planted the tree but nothing prevented him from planting it inside his house but he didn't do it for the sake of losing space in his property due to this tree and other reasons.

In fact he should have obtained permission from government to plant tree in the public road.

He violated all rules in this but still claiming proprietary rights over the tree which is not only absurd but also illegal.

However that will not entitle a passerby to pluck the fruits as a right.

However the funny part is that both are claiming rights over it.

It is a good query of academic interest.