OWNERSHIP IN JURIPRUDENCE

Vineet Malpani
LLB SEM VI
A70656118001
 Introduction

 The term ownership is emerged from the word 'own' which means
"to have or to hold a thing".
 One who holds a thing as his own is called owner and will have the
right of ownership over it.
 Therefore, the term ownership literary means “legitimate and
absolute right of a person over a thing or an object having title".
 Definition
 According to Austin’s definition “Ownership means a right which avails against
everyone who is subject to the law conferring the right to put thing to user of indefinite
nature”.

 According to Holland “Ownership is plenary control or complete control over a thing. He

defines that the ownership has main three rights over a property which he owns Possession,
Enjoyment, Disposition.”

 According to Salmond ”The ownership in it is most comprehensive significance, denotes

the relation between a person and right that is vested in him. Salmond is definition is
considered one of the most comprehensive because he has used the term Right instead of
Things. Things are limited to objects whereas the right is much then that .It can go beyond
those, which doesn’t have physical existence like copyright, trademark etc.”
 Characteristics

 Right to possess
 Right to use and enjoy
 Indeterminate Duration
 Right to destroy or alienate
 Residuary character
 KINDS OF OWNERSHIP

 Corporeal and Incorporeal ownership

 Sole and co- ownership
 Legal and Equitable ownership
 Trust and beneficial ownership
 Absolutely and limited ownership
 Vested and contingent ownership
 Conclusion

 Ownership is a legal concept which defines the relationship between a person

who is called owner and a thing that the owner owns and can exercise.
 It can be the absolute and supreme right that can be exercised over anything.
 It is a right which includes rights, claims and privileges etc. over the property.
 It does not mean an absolute right or unlimited right over the property. It’s
restricted or limited by law.
 It is relation to something which can corporate or incorporated. Also various
types of ownership is also discussed with respect to their character. The essential
features of ownership have also emphasized.
 This ownership is recognised in most legal system.
THANK YOU