Absolute and Limited ownership of Land PDF

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Absolute and Limited ownership of Land...

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2. Ownership of land – Absolute and Limited ownership Austin defines ownership as “a right availing against the world indefinite in point of the user, unrestricted in point of disposition and unlimited in point of duration over a determinate thing”.

Holland defines ownership as “a plenary control over the object”. According to him, an owner has three rights on the object owned: 1. Possession, 2. Enjoyment, 3. Disposition.

The term ownership of Land is having broad meaning under land laws and it includes following points A. Documents:-Person in who’s favour there are documents or title deeds of the lands is treated as owner of the land. B. Legal Representatives:-When there is death of the owner then rights of ownership pass on to heirs. There are also like owner of the land. C. Inami land:-During period of Britishers some lands were given as gift and they can enjoy it from generation to generation and they are just like owner of the land. D. Jagir land:-During period of Kings some gifts land is given as Jagir land and they are owner of the land. E. Distant Kindred:-When there are no heirs then Distant Kindred or relatives can also claim succession as owner of the land. F. Will:- When anybody have written a will and gave property to any person then after death of Testator. Ownership passes on to him. G. Donee:-When any land is given as a gift then donee gets ownership of the land. H. Buyer:-When there is sale of the land then ownership pass on the buyer. I. Prescription:-When anybody occupies the land illegally and continues possession for 20years or more periods, then it is called as prescription and he is like owner of the right. J. Trustee:-When there is trust land then it is managed by board of trustee and there is just like owner of the land. Therefore the terms ownership of the land have wide interpretation in the land laws. Absolute ownership: Ownership in land can be either an absolute or limited ownership. When in a person all the rights of ownership i.e. A. Jus utendi – the right to the use of a thing, B. Jus porsidendi – the right to possess a thing, C. Jus abutendi – the right to enjoy a thing, D. Jus disponendi vel transferendi – the right dispose a thing or to transfer it as by sale, gift, etc. (right of alienation), E. Jus sibi habendi – the right to hold a thing for oneself, and

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F. Jus alteri nan habendi or jus prohibendi – the right to exclude others from its use. Absolute ownership is a free transferable and inheritable property a person can have as his actual right. An absolute owner is the one in who have vested all the rights over a thing to the exclusion of all. When all the rights of ownership, i.e. possession, enjoyment and disposal are vested in a person without any restriction, the ownership is absolute.

Limited ownership: Limited ownership is the ownership that is not absolute or perfect. Where the owner enjoys the right to use and enjoy the property for a limited period of time as long as some other person is alive. When there is a limitation on user, or duration or disposal, the ownership is called limited ownership. For example, limited ownerships in English law is life tenancy when an estate is held only for life. Under a lease, the cultivator has limited ownership for the lease period only.

The tenants can have limited ownership until the cease of the tenancy. And, before the enactment of the Hindu Succession Act, 1956, a woman had only limited ownership over the estate because she held the property only for her life and after her death; the property passed on to the last heir or last holder of the property. Another example of limited ownership in English law is life tenancy when an estate is held only for life.

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Compiled By Dava Davaar ar msa...