What is Property Law in India

Property Law in India

property law

Property law has always seen as a problem in any country. It is something that, members of society deal with, whether they are rich or poor. It controls the relationships between members of the society, in terms of things which is tangible or intangible assets. The Property Act of India has undergone many changes and problems related to establishment.

In this blog, I will discuss details of Property Law in India and its various features.

Meaning of  Property Law in India

The word “property” is come from the Latin word proprietary which means to own something. The concept of property and ownership is very similar to each other. However, there is a distinct line that separates the two words. It would not be wrong to say that people were knowing their rights for a long time.

In general terms, the Property Law in any country deals with the law that governs various matters relating to property ownership .The property law deals with, what a person has the right to own and provides guidelines on its use and conditions. It applies to both personal and real property. It affects everyone living in the community and is an integral part of land law, family law and municipal law.

If one looks around the area, everything available can be classified as property. Everything, tangible or intangible which values to human being, also can be termed as property. An important feature of property is the value to which it is connected. In a sense, it is a source of wealth. The value, though it may be monetary or personal. Generally, therefore a Property consists of land, shares, properties and liabilities of another person. However, the word when used in a legal sense has a specific meaning. It is the right to enjoy and dispose of certain things in the complete sense as one thinks it should.

Different Definitions of Property Law

The term property is widely translate by various legal scholars such as Salmond, Bentham and Austin. A closer look at the explanations given by them will help us to understand the concept better.

  • The term property involves all human rights. Which means it comprises the full ownership of the man in tangible and non-tangible things.
  • Term include doesn’t indicate only a personal rights, but also their primary rights.
  • This term includes the intellectual rights of property such as house, building, etc. According to jurist Bentham, the term property means one person can be the alone owner of material objects. He interpreted the term ‘include’ in a narrow way. According to Austin, Property means the greatest legal right of enjoyment known by law, including slavery. The property includes both primary and personal rights of an individual.

Transfer of Property Act, 1882

Before the Real Estate Act or Property Act came into force, the laws relating to property were govern by the principles of English Law and Equality. According to the Property Transfer Act, 1882 ‘transfer if property’ is an act in which a person transfers own property to another person. Where a person may transfer his property to another person, such as organization, company or body of persons. Person can also transfer property like movable and immovable property.

Types of Property

Also read: what are the types of law

  • Movable and Immovable Property
  • Public Property and Private Property
  • Corporeal and Incorporeal Property

Movable and Immovable Property

  1. In general clause act 1897, of Section 3; and the Indian Registration Act, 1908 of Section 2 (6), defines the term Immovable Property. It Involve land, material attached and embedded in the land.
  2. On the other hand, Movable property involve any corporeal property that is not a fixed property. It may involve furniture, stationery, etc. The concept of immovable property is have it’s own important and is widely practiced under Indian law.

Public and Private Property

  1. Public property is owned by the public and also by the government in other areas. In other words, it belongs to the government and is used for the benefit of the society. For Example; A public park or hospital is a public place.
  2. Private Property is that Property which belong to an individual or any other private person. A residence house can be its private place.

Corporeal and Incorporeal Property

  1. Corporeal Property has a tangible presence in the world and is related to material things such as land, house, ornaments, silver, etc.
  2. Incorporeal Property is intangible because its existence is invisible and intangible. Copyright and right of easements are intangible property.

Benefits to become Property Lawyer

Also read: what are the careers in law 

Property law can be a great option for a legal practitioner who enjoys technical writing and attention to detail as property law includes detail reading and writing. It also has the effect of a single word even on real estate law. Also advocate or lawyer often build long-term relationships with clients. Therefore, choosing a local lawyer can be a stable legal practice for individual lawyers and large firms.

3 Comments

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