Ownership of land – Absolute and Limited Ownership
unrestricted in point
of disposition and unlimited in point of duration over a determinate
thing”.
Holland
defines ownership as “a plenary control over the object”. According to him, an
owner
has three rights on
the object owned:
1. Possession,
2. Enjoyment,
3. Disposition.
The term ownership of Land is having broad
meaning under land laws and it includes following
points
A. Documents: -Person
in who’s favour there are documents or title deeds of the lands is
treated as owner of
the land.
B. Legal Representatives:
-When there is death of the owner then rights of ownership pass
on to heirs. There are
also like owner of the land.
C. Inami land: -During
period of Britishers some lands were given as gift and they can
enjoy it from
generation to generation and they are just like owner of the land.
D. Jagir land: -During
period of Kings some gifts land is given as Jagir land and they are
owner of the land.
E. Distant Kindred: -When
there are no heirs then Distant Kindred or relatives can also
claim succession as
owner of the land.
F. Will: - When
anybody have written a will and gave property to any person then after
death of Testator.
Ownership passes on to him.
G. Donee: -When any
land is given as a gift then donee gets ownership of the land.
H. Buyer: -When there
is sale of the land then ownership pass on the buyer.
I. Prescription: -When
anybody occupies the land illegally and continues possession for
20years or more
periods, then it is called as prescription and he is like owner of the right.
J. Trustee: -When
there is trust land then it is managed by board of trustee and there is
just like owner of the
land.
Therefore, the terms
ownership of the land have wide interpretation in the land laws.
Absolute ownership: Ownership in land can be either an absolute or limited ownership.
When in a person all
the rights of ownership i.e.
A. Jus utendi – the
right to the use of a thing,
B. Jus porsidendi –
the right to possess a thing,
C. Jus abutendi – the
right to enjoy a thing,
D. Jus disponendi vel
transferendi – the right disposes a thing or to transfer it as by sale,
gift, etc. (right of
alienation),
E. Jus sibi habendi –
the right to hold a thing for oneself, and
F. Jus alteri nan
habendi or jus prohibendi – the right to exclude others from its use.
Absolute ownership is a free transferable and
inheritable property a person can have as his
actual right.
An absolute owner is
the one in who have vested all the rights over a thing to the
exclusion of all. When
all the rights of ownership, i.e. possession, enjoyment and disposal
are vested in a person
without any restriction, the ownership is absolute.
Limited ownership: Limited ownership is the
ownership that is not absolute or perfect.
Where the owner enjoys
the right to use and enjoy the property for a limited period of
time as long as some
other person is alive. When there is a limitation on user, or duration
or disposal, the
ownership is called limited ownership. For example, limited ownerships in
English law is life
tenancy when an estate is held only for life. Under a lease, the cultivator
has limited ownership
for the lease period only.
The tenants can have limited ownership until
the cease of the tenancy. And,
before the enactment
of the Hindu Succession Act, 1956, a woman had only limited
ownership over the
estate because she held the property only for her life and after her
death; the property
passed on to the last heir or last holder of the property. Another
example of limited
ownership in English law is life tenancy when an estate is held only
for life.
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