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Dr.

Ram Manohar Lohiya National Law


University, Lucknow

Rough Draft of Law of Property

Topic-Ownership of the property is not merely a


right but also a relation ship between the right
owned and the person owning it

Under the supervision of:


Submitted By:
Mr. Radheshyam Prasad
Assistant Professor (LAW)

Parth Chowdhery
Roll No - 82
Section- B

Mr. Sudeep Malik


Visiting Professor(Law)

V Semester

INTRODUCTION

The concept of is one of the fundamental juristic concepts common to all systems of law. This
concept has been discussed by most of the writers before that of possession. However, it is not
the right method. The idea of possession came first in the minds of people and it was later on that
the idea of ownership came into existence.

Ownership is a complex juristic concept which has its origin in the Ancient Roman Law. In
Roman law ownership and possession were respectively termed as dominium and possessio.
The term dominium denotes absolute right to a thing while possessio implied only physical
control over it. They gave more importance to ownership because in their opinion it is more
important to have absolute right over a thing than to have physical control over it.

In English law the concept of ownership developed much later than possession. The earlier law
gave importance to possession on the misconception that possession includes within its
ownership as well. Holdsworth observed that the English law accepted the concept of ownership
as an absolute right through gradual the gradual development in the law of possession.

The concept of ownership consists of a number of claims such as liberty, power and immunity in
regard to the thing owned. Ownership is thus a sum-total of possession, disposition and
destruction which includes the right to enjoy property by the owner. The owner has to side by
side abide by the rules and regulation of the country.

Ownership of property may be private, collective, or common, and the property may be of
objects, land/real estate or intellectual property. Determining ownership in law involves
determining who has certain rights and duties over the property. These rights and duties,
sometimes called a "bundle of rights", can be separated and held by different parties.

DEFINITION OF OWNERSHIP
Jurists have defined ownership in different ways. All of them accept the right of ownership as the
complete or supreme right that can be exercised over anything.

Austins definition:
Austin while defining ownership has focused on the three main attributes of ownership, namely,
indefinite user, unrestricted disposition and unlimited duration which may be analysed in detail.

Salmonds Definition:
According to the Salmond ownership vests in the complex of rights which he exercises to the
exclusive of all others.

DIFFERENT KINDS OF OWNERSHIP:


Experience shows that there are many kinds of ownership and some
of them are corporeal and incorporeal ownership, sole ownership
and co-ownership, legal and equitable ownership, vested and
contingent ownership, trust and beneficial ownership, co- ownership
and joint ownership and absolute and limited ownership.