Law of Property

Basic Concept of Law of Property

 Concept of Property
 Kinds of Property
 Introduction of Law of Property
 Pakistani Statutes and Constitutional Provisions regarding Law of
Property

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1. Concept of Property:

Property means the thing in respect of which a right of proprietorship may

be asserted. Property includes both movable and immovable and every
possible interest which a party may have in property, including abstract
and concrete.1 Therefore, a decree of a court is property.2

2. Kinds of Property:

There are following different kinds of Property:

I. Tangible, Visible and Corporeal Property.

Tangible property means such property which can be perceived and has
physical existence. E.g. Book, Computer, Mobile and Pen are the
examples of tangible property.

II. Intangible, Invisible and Incorporeal Property:

Intangible property means such property which has no physical existence.

So, it cannot be perceived. E.g. Good will, Patent right, Literacy copy right
and Musical copy right.
1
PLD 2011 SC 44; PLD 1958 Lahore 706
2
AIR 1951 Hyd. 1

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III. Movable Property:

Movable property is such property which can be moved or displaced from

one place to another. E.g. Pen, Book, Bicycle, Car and Cell phone.

IV. Immovable Property:

Immovable property is such property that cannot be moved or displaced

from one place to another. E.g. land, things attached to earth, permanently
fastened to anything attached to the earth, building, right to way etc.

Salmond says immoveable property must have following elements:

i. It must have some portion of earth’s surface.

ii. The ground beneath the surface down to the center of the earth.

iii. The space above the earth.

iv. All objects attached to the earth whether natural or unnatural.

v. All objects permanently attached to piece of earth e.g. walls, doors,

bricks etc.

V. Absolute Property:

When a person has full and complete title and control over a property, it is
known as “Absolute Property”.

VI. Lost Property:

When a property does not longer remain in the possession of a person due
to accident, negligence or carelessness and that property cannot be located
by any ordinary and diligent search.

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VII. Sole Property:

When a property is held by one person, it is called “Sole Property”.

VIII. Joint Property:

When a property is held by two or more persons, it is called “Joint

Property”.

3. Introduction of Law of Property:

Law of Property means such principles, policies, and rules by which

disputes regarding property are to be resolved and by which property
transactions may be structured.

What distinguishes property law from other kinds of law is that property
law deals with the relationships between and among members of a society
with respect to “things.”

4. Pakistani Legal Enactments and Constitutional Provisions

regarding Law of Property:

There are following legal enactments regarding Law of Property:

I. The Transfer of Property Act, 1882:

The Transfer of Property Act, 1882 provides a clear, systematic and

uniform law for the transfer of immovable property between living
persons. This Act is an extension to the Contract Act 1872, since it is an
enacted law for transfers that take place in the consequence of a contract.

II. The Land Acquisition Act, 1894

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The main objectives of this Act are to ascertain landowners and other
affected families have to go through minimal disturbance, the process to
acquire land can only be undertaken in contemplation with the local
government and to ensure that compensation offered to the affected
families is adequate.

III. The Registration Act, 1908

The object of The Registration Act, 1908 and registering a document is,
firstly, to give discipline and public notice to the world that such a
document has been executed, secondly, to prevent fraud and forgery and,
thirdly, to secure that every person dealing with property, where such
dealings require registration, may rely with confidence upon the
statements contained.

Constitutional Provisions about Law of Property are as under:

I. Article No. 23 of the Constitution of Islamic Republic of

Pakistan, 1973.
II. Article No. 24 of the Constitution of Islamic Republic of
Pakistan, 1973.

This Material is prepared for LLB (5-Year), 5th Semester, Session: Fall2019-2024 (IUB). Page 4