Q. 1. (a) Write about the concept a.nd kinds of Property.

Ans. Meaning
The term p~operty ,is der~ved, froh~ hthe Latin tethir~. 'propertietat
and the French equ1va1ent propr1ous w 1c _means a . ng owned. 1'h
concept was known to ancient Gr~eks., Hindus, Romans, Jews, etc
Vijnaneshwar the .propounder of M1takshara School defines the te~
property, as signifying the wealth which becomes the property of anoth~
solely by reason of his kinship to the owner and the word 'solely'
intended to exclude the co-operation of any other cause such a~ a gift or
a sale on the part of the owner and to lay stress on the fact that it is the
relationship alone that determines the accrual of ownership. Jimutvahana.
the originator of Dayabhaga School of Law defines property as signifyin~
th~ wealth in which property, dependent on kinship to the former ovlner 1

anses_ upon the cessation of his ownership thereof. This interpretation,

thus, includes both property in which a person gets a right by birth e.g.,
coparcenary property as also property to which one becomes entitled in
the wealth of some one. ·
 In the writing of learned of all ages like Lock, Hobbes, Rousseau
Hume, the concept of property has been given a significant place. In th~
Constitution of most of the countries, it is an important right which has
been protected. In India seizure, deprivation or laking over of property
by an executive order cannot• be said to be under the authority of law.
One can imagine the · importance of the concept of property in a
dcmo~ratic country like India where t~c f~nd~mental right !O properly
has, smce the commencement of the Const1tul10n, been_modified by the
Constitution (First Amendment) Act, 1951, the Constitution (Fourth
Amendment) Act, 1955, the Constitution (Seventh Amendment) Act, 1964,
the Constit ution. (Twenty-fourth Amendment) Act, 1971 and the
Constitution (Twenty-fifth Amendment) Act, 1971. However, the provision i
by the compulsory acquisition of property has been repealed by the
Constitution (Forty-Fourth Amendment) Act_, 1978 (Section 6).
In practice, however, the term 'property' ~as different meanings.
In the narro.west sense property includes nothing more than physical
objects or things which are owned. In this sense it was defined as 'a
material object subject to the immediate power of a person' . Bentham
holds that property related to material things only. . . · - .
Another meaning given to .the term 'property' is a person's
proprietary right as opposed to his personal right which constitutes ·his
status ·or personal condition. In this sense, a person's house, land,
furnitures, shares in a business concern, debts due to him etc. arc his
property. It excludes right to life, reputation of liberty etc.
Again, the term 'prope rty' is used to include not even all
proprietary rights' but only those which are both proprietary and in rem.
The law of property is the law of proprietary rights in rem, the law relating
to proprietary rights in pcrsonam being distinguished from it and termed
as the law of obligations. According to this usage a freehold or leasehold
estate in land is a property. but the debt or benefit of a contract is nol.
.In its widest sense the term property includes all legal rights of
a person. It means the sum t otal of a man's fortune including not only the
objects of which he is owner, but also the value of any claims which he .
may have against other persons after deducting the amount of any claims, .
which might be made good against him, Locke says that 'Every man has
a property in his own person'. At another place he says that 'a man has
a right to preserve his property, that is his life, liberty and estate".
According to Ely, "by property we generally mean an exclusive right to
control an economic good. By private property, we mean the exclusive
right to a private person to control an economic good. By public property,
·we mean the exclusive right of a political wit--city, state, nation, etc.-to
control an economic good. Property is not a thing, but the rights which
extends over a thing. In short, property is the right and nol the object
over which the right extends. The essence of property is in the relations
among men arising out at that relations to things.
Iri modern times the meaning of the term 'property' has been
further expanded. There arc number of reasons for the expansion of the
meaning of the term 'property'. Firstly, the jurists who propounded the
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