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Pa d m e s h J a i n J u r i s p r u d e n c e A s s i g n m e n t _ _ G LC I I I – I I – B Ro l l n o - 2 5

Student Name :- Dr. Padmesh Jain

Government Law College (GLC) , Mumbai.

LLB 3 yr course. 4th Semester ( LLB – III – II )

Division B . Roll no – 25 (TWENTY FIVE)

JURISPRUDENCE Assignment

Submitted to Professor Advocate Suresh Pillai Sir

TOPIC: KINDS OF PROPERTY

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TOPIC: KINDS OF PROPERTY

IN JURISPRUDENCE

PAGE NOS

I INTRODUCTION , DEFINITIONS & FEW ASPECTS OF 3

PROPERTY

II WHY CLASSIFY 4

III KINDS OF PROPERTY & BROAD DIFFERENTIATION BETWEEN 5

CORPOREAL & INCORPOREAL

IV CORPOREAL PROPERTY 6

V INCORPOREAL PROPERTY 8

VI PUBLIC PROPERTY & PRIVATE PROPERTY 10

VII FEW CASE LAWS 10

VIII CONCLUSION 12

IX REFERENCES / BIBLIOGRAPHY 12

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I . INTRODUCTION , DEFINITIONS & FEW ASPECTS OF PROPERTY

Meaning of Property :-
➔ The word property is used in numerous senses in general. If one looks around in the surroundings,
everything available may be categorized as Property. Every object, whether tangible or intangible
having some value to human beings, may be termed as Property. The essential characteristic of
Property is the value attached to it. In one way or the other, it is a source of wealth. The value,
although may be either monetary or personal. In a general sense, therefore Property consists of land,
shares, buildings and debts due to another person. However, the term when used in the legal sense
has a definite connotation. It is the right to enjoy and to dispose of certain things in an absolute
manner as one thinks it fit.
➔ In jurisprudence, property is defined as a legal right that encompasses the exclusive authority to
possess, use, and dispose of a tangible or intangible resource. It represents a bundle of entitlements
and privileges granted by law, enabling individuals or entities to control and benefit from assets in
various ways.

➔ Property is the unit of land, any substance, or even intellectuality that essentially belongs to someone
or to more than one person.

Etymology :-The term property is derived from the Latin word 'properietate' and the French equivalent
'proprius' which means a thing owned. The concept of property and ownership are very closely related to
each other. There can be no property without ownership and ownership without property.

The term Property is not a Term of Art. It has been used in a variety of senses.
✓ In its widest sense, Property includes all the legal rights of a person of whatever description the
property of a man is all that is his in law.
✓ In the narrower sense, it includes the proprietary rights of a person and not his personal rights.
✓ In Modern Times intellectual or intangible property has become very important. Examples of such
property and copyright, patent, trademark etc.

OWNERSHIP: Concept of ownership emerged in Roman law, and the Romans consider it as full and
exclusive power over a thing (plena in re potestas → 'in full power')

Ownership of property consists of a bundle of 4 powers (rights):

1. Right to Possess
2. Right of Use and Enjoyment
3. Right to Transfer
4. Right to Destroy

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“ ius utendi fruendi et abutendi res sua quatenus juris ratio patitur”
'right to use, take fruits and dispose freely with his item, to the exclusion of every other person'

One can have 'a right' over property and still not be owner of the property, opposite of it is also true, owner
can transfer 'certain rights' to his property to other people and still be owner of the property,
Some examples of owner transferring certain rights over his property to other people are:
Lease → Right to possess use and enjoy
License → Right to Enjoyment
Mortgage → Right to sell in case terms of mortgage are violated

Legally, the person who holds the Title is the owner of property. Title is a document that gives the
owner evidence of his hold over a property. Title can be held by more than one person as well.

Definition of Property by few philosophers and Jurists-

(a) Locke - " Every man has a property in his own person." every individual has the right to preserve his
property, that is his wife, liberty and estate."

(b) Bentham - "Property is nothing more than the basis of certain expectation of deriving thereafter
certain advantages by a thing the reason of the relation in which we stand towards it. There is no image,
no visible lineament which can property the relation that constitutes property. It belongs not to physics, but
to metaphysics. It is altogether a conception of Mind. To it, all or any of these physical circumstances
failed to assist in conveying the idea of property."

(c) Austin - According to Austin, the term property is sometimes used to denote the greatest right of
enjoyment known as to law excluding servitudes. Sometimes, life interests are described as property.
Even servitudes are described as property in the sense that there is a legal title to them. Sometimes
property means the whole of the assets of a man including both the right in rem and right in personam

There are four important modes of acquisition of property - possession, prescription, agreement,
inheritance.
II. WHY CLASSIFY

Carolus Linnaeus , Swedish botanist, physician, and zoologist who laid the foundations for the modern
scheme of binomial nomenclature; he is known as the “father of modern taxonomy (the science of
classification).” He liked things “neat” and he was not satisfied with the unwieldy names used at that time
for biological entities. Carolus Linnaeus said “without classification only chaos”.

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For classification one needs to thoroughly study different attributes of particular objects and on basis of
certain traits , he classifies them for better understanding and convenience .

Classification reflects thorough study and clarity giving Pragmatic value.

With respect to law , its imperative to know because there are different statues or laws applicable in
different cases. For example ;
Immovable property → Transfer of Property Act, 1882

Movable property → Sales of Goods Act, 1930

Intellectual property → Copyright Act, Trademark Act, Design act.

Encumbrances → Easement Act

III. KINDS OF PROPERTY &

BROAD DIFFERENTIATION BETWEEN CORPOREAL & INCORPOREAL

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IV. CORPOREAL PROPERTY

Corporeal property includes material or tangible things that can be seen or felt with the senses, such
as houses, lands, cars etc. It is further divided into two classes:
❖ Moveable (Personal) Property: A property able to be moved from one place to other using
human efforts, such as computer, jewellery, car etc.
❖ Immoveable (Real) property: While Immoveable property is that which cannot be moved or
transferred from one place to another, such as land, building etc.

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Difference Between Movable & Immovable Property

As defined in the Transfer of Property Act, that “immovable property does not include standing timber,
growing crops or grass, created some confusion; hence, in Shanta Bai vs. State of Bombay (1958 SC
532); the distinction between movable and immobile property was defined as - "If the intention is to reap

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fruits from the trees, then it is regarded as an immovable property. But if the intention is to cut down the
tree and use it as timber, it would be regarded as movable property."

V. INCORPOREAL PROPERTY
Incorporeal property includes immaterial or intangible things that cannot be seen or felt with the
senses, such as shares and copyrights etc.

It is subdivided into two kinds i.e. Intellectual property and encumbrances:

1. Intellectual Property: It also known as right in re-propria (a right in one's own property).
Intellectual property is the creation of human mind and a person having right over the thing attains due to
his skill and labour. Such as patents, trademark, copyright, design, goodwill etc.

2. Encumbrances: It is also known as right in re-aliena (a right in the property of another). An

encumbrance is a claim against a property, often impacting its transferability or restraining its use, by a
party that is not the owner.

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INCORPOREAL PROPERTY - INTELLECTUAL PROPERTY

a. Patent: A patent gives a right to its owner to exclude others from making, using, selling, and offering for
sale.
b. Copyright: It is a right of creator over literacy, dramatic, musical, artistic work including its publication,
distribution and adaption for a specified time.
c. Trademark/ Tradename: A trademark or tradename is typically a name, word, phrase, logo, symbol,
design, image or a combination of these elements, which is used by an individual, business organization,
or other legal entity for the purpose of identification to customers and in order to distinguish its products
from other entities.
d. Goodwill: It is a reputation of a business due to its quality, services, benefits, history, location etc,
which is exclusive to its owner and is given as a testament of his hardwork, skill and labour over the years.

INCORPOREAL PROPERTY - ENCUMBRANCES

a. Lease: It means "transfer of a right of enjoyment". It is the transfer of a right to enjoy a property for a
certain period by way of an agreement/ contract or by a lease deed.

b. Servitudes: A servitude is a right over the immoveable property of another.

According to Salmond, “right enjoyed by the owner of land over land of another". It is a right of limited
use of a piece of land without possession of it, for example: right of way, right of air, right of light etc. It is
divided into following kinds:
➔ Private and Public Servitudes: A Private servitude is vested in a determinate person(s), such as
right to way, light, air etc. While is a public servitude is vested in public at large or in some class of
indeterminate individuals, such as right of public to a highway over land in private ownership, etc.
➔ Appurtenant (accessory) and Gross Servitudes: An appurtenant servitude is available when
one's land is adjacent to another's land such as right of way, light, air across neighbours land.
While gross servitude is available on the land that is not adjacent to one's land such as a public
right of way over other's land.

➔ Positive and Negative Servitudes: A positive servitude is the positive right of using another's
property i.e. right to way. While negative servitude is a duty not to obstruct another's right i.e. non-
interference in light, air, way etc.

c. Securities: It is an encumbrance to ensure the fulfilment of some other right (usually debt) vested in a
person. It is further divided into following kinds:
➔ Mortgage: "It is the transfer of interest in the immoveable property for securing payment of a
debt". It is created by way of contract between the parties. Interest in the property mortgaged is
retransferred when the debt is paid.
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➔ Lien: "It is the right to hold the property of another for the performance of an obligation". It is
created by operation of law, when one party fails to perform his promise then the law imposes a
lien of his property until such obligation is performed.
d. Trusts: A trust is a fiduciary relationship in which one party holds a property for the benefit of another.
The trustee is one looks after the property for the benefit of others, while the beneficiary is one for whose
benefit a trust has been formed.

VI. PUBLIC PROPERTY & PRIVATE PROPERTY

With Reference to Ownership Property can be divided into following two :-

1. Public Property is owned by the public as such in some governmental capacity In other words, it is
owned by the government and used for the beneficial use of the public in general. A park or a government
hospital is a public property.

2. Private Property is that Property which is owned by a particular individual or some other private
person. A residential house of a citizen may be his private property.

VII. FEW CASE LAWS

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VIII . CONCLUSION

 All of the aforesaid categories represent different kinds of property discussed in legal sources.
Knowing the different kinds of property and how to go about acquiring them in India is crucial. Land
conflicts, trademark infringement cases, and even family disputes involving the division of property
are all too common. Thus, understanding property law will help one understand the procedure and
avoid any potential disagreements.

 From the above discussion, it can be very well concluded that the concept of Property has been in
existence since the existence of human civilisation. Over the years, the concept of Property has
witnessed a vast transition. The reason behind this transition may be the jurisprudential aspect of the
concept. Thus, from a piece of brick to an idea behind a product, Property as a concept has
developed in an unanticipated manner. The research being done in the field of property law makes it
a dynamic concept which will continue to evolve in the years to come in the near future.

IX . REFERENCES / BIBLIOGRAPHY

✓ Sarathi, P. Vepa, Law of Transfer of property, (Lucknow: Eastern book company) 2010.

✓ Saxena, Poonam Pradhan, Property Law (Nagpur: Lexis Nexis Butterworths Wadhwa) 2006.

✓ https://blog.ipleaders.in/laws-of-property-under-jurisprudence/

✓ https://bnwjournal.com/2022/03/24/kinds-of-property-under-jurisprudence/

✓ https://legalvidhiya.com/property-and-possession-under-jurisprudence/

✓ https://www.legalserviceindia.com/legal/article-9944-types-of-property-under-law.html

✓ https://blog.ipleaders.in/concept-of-property/

✓ https://indiankanoon.org/doc/513801/

✓ https://advocatespedia.com/RIGHTS_IN_RE_PROPRIA_IN_IMMATERIAL_THINGS_%26_RIGHT_IN_RE_ALIEN
A_%E2%80%9CENCUMBERANCES%E2%80%9D

✓ https://www.srdlawnotes.com/2018/03/property-meaning-definitions-and-modes.html

✓ https://www.srdlawnotes.com/2018/03/difference-between-corporeal-property.html

✓ https://legalvidhiya.com/property-concept-of-property-distinction-between-movable-and-immovable-
property/

✓ https://cleartax.in/glossary/property/

THE END- THANK YOU

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