12/16/2017 Definition and Different Kinds of Ownership - SRD Law Notes

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Home Jurisprudence Property Law Definition and Different Kinds of Ownership

De nition and Di erent Kinds of Ownership

I) Definition of Ownership :

According to Austin " Ownership means a Right which avails against everyone who is subject to the law
conferring the right to put thing to user of infinite nature."

Holland : Ownership is a plenary control over an object" According to him the owner has three rights on the
object - 1) Possession 2) Enjoyment and 3) Ownership
Uncensored: The Jodi task!

II) Different Kinds of ownership

SUBJECTS
a) Corporeal Ownership
Accountancy for Lawyer
Corporeal Ownership is the complete ownership on material objects like Car, House, Land etc.
Administration of justice
b) Incorporeal Ownership :
Civil Procedure Code

Incorporeal ownership is the ownership of a right. Ownership of a copyright , trade mark, patent is Comparative Law
incorporeal.
Constitutional Law

c) Trust and Beneficial Ownership Cyber Law

Trust ownership is an example of duplicate ownership. Trustee is nominal or legal owner. In the eye of Hindu Family Law

Lw the trustee represents his beneficiary. Hindu Law

Illustration : Human Rights

International Law
If property is given to A on trust for B , A would be trustee and B would be the beneficiary. A would be
the legal owner of the property and B would be beneficial owner. Here A is under obligation to use the property nly for Jurisprudence
the benefit of B.
Labour Law

Law of Arbitration and Conciliation

d) Legal and Equitable Ownership
Law of Conflict
Legal ownership is the outcome of common law of England given by common law Court.On the other
Law of Contracts
hand equitable ownership is the outcome of law of equity.
Law of Crime
e) Sole Ownership
Law of Evidence

In sole ownership there is only one owner. One person constituted as an owner to the exclusion of the others. Law of Tort

Example - A owns a house or land exclusively. Legal History

Muslim Law
f) Co ownership -
Professional Ethics
When two or more persons jointly own a property they are called co-owners.The concept is not exclusive of any
Property Law
individual but it is exclusive ownership of group of person.
Public Interest Litigation
Example - Partnership Property, Coparcenary
Transfer of property

g) Vested Ownership

Vested ownership is complete itself. It is conditional on the happening of an event, which is certain. Ads by Google

Example : X transfers property to Y against a sale deed or gift deed. Y's ownership in the property is vested if X Property Owner
transfers the property to Y for life time and then to Z after Y'ALL death. in this example Z's interest in the property is
vested. Joint Tenancy Rights

h) Contingent Ownership

The word contingency means happening or non happening of an uncertain future event. A contingent ownership is
one, which is incomplete, but becomes complete upon the contingency.

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12/16/2017 Definition and Different Kinds of Ownership - SRD Law Notes

See also

1) Kinds of Possession

2) Kinds of Legal Rights

3) Acquisition of Possession

4) What is mortgage and its essentials?

5) Possession : Meaning, Definition and Kinds of possession

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Di erence / Distinction between Law and Moral Freedom of Movement and Resident - Article 19(1)(d) and (e)

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