Adv. Madhav Moreshwar Bhokarikar

Wednesday, November 25, 2020.


Property Law

  1. Introduction

It is rather difficult to express the ‘Property Law’ in such small article considering its different aspects and angles but it may be useful to have some idea about our ‘Right regarding the Property Law’ hence this effort would be useful for us.

‘Food’ is the basic need of mankind since its birth and is also applicable to animals, living creatures and trees. To live alive it is necessary to get food, for which each has to do something for his livelihood, sometimes the efforts of getting food become successful and sometimes it may not, sometimes one gets more food than required and sometimes very less than his necessary for his survival etc. all these are the difficulties while getting the food and therefore, I think that, the concept of ‘Savings of Food or Earning of Food’ might have been in the mind to solve those difficulties which were faced frequently by him and this may the possible birth of the concept of ‘start of earning’ in society, that ‘Saving of Food’ might have become the property for him. After this savings, he might have been experienced to know the benefits of that ‘savings’ and started to save more and more with him that might have been resulted in its thrust.

The first aspect of getting food might have been solved upto some extent by the man and that would really be the first step of his progress to think about other things including creation of such things which would be useful to get the food, even by making exchange of those articles, which would be useful for his livelihood and to become his life more comfortable and would be the birth of ‘Currency’ of that period. Hence ultimately due to span of time, ‘Currency’ has developed its importance by changing its nature, mode and method of saving to be used conveniently at any time as per need, requirement and got the importance as ‘Property’ in present.

Now, that is developed and can be seen today that in our society generally peoples are very fond of achieving property. The property and rights of property may not be known in its literal, legal meaning to any common man but he is always conscious about his property and the rights involved in it. We all know and have experience, that even a child who cannot speak any word but utter something, is not ready to give up any article which is with him but strongly opposes to that person who is insisting to take it from him, the opposition of the child reach from glaring at that person, forcefully taking or scratching him and ultimately reaches to his cry. The same thing happens as ‘universal rule’ while protecting our rights regarding property. Therefore civilization of society also resulted in creature of the norms, guidelines of this act from preventing snatching, forcefully taking those thing which are treated to be property and for its prevention certain rules were framed which have been changed from time to time and from ruler to ruler of society.

2. Concept and Right of Property

The property may be movable or immovable, tangible or intangible, valuable or without much value, public or private etc. but it does not lose its importance as property nor lose its attraction of getting it by people.

It is very easy to understand the meaning of ‘Movable Property’ as which can be easily taken from one place to other place is called movable property and ‘Immovable Property’ can also be defined in the same line of way which cannot be taken from one place, with is attached to earth.

‘Tangible Property’ can be understood as those one which are having its physical existence or in more simple language which can be seen by or eyes, e.g. books, house, land, TV, gold, ornaments etc. but ‘Intangible Property’ which is not having its physical existence and cannot be seen, e.g. stock, goodwill, copyrights, patents etc. Now-a-days ‘intangible properties are also getting same importance or rather more importance at some time than ‘tangible property.

Property always have its own value. That may be measured in current currency to determine whether that is valuable or not but this is one of the factor to determine its value. The food and water would be the only valuable property for the people where there is drought than currency of any country. It is true that by using the currency they may get whatever they want for their livelihood, hence considering peculiar circumstances and need of the people, the currency cannot be property but an available mode of exchange to get the property.

Private and Public Property is also has its own importance now-a-days as property which owned by the society / government / public bodies as per the definition applicable to present legislation that may be called ‘Public Property’ which is not public property can be called private property having personal interest and not having the interest of society, government of public. It is true that the said property may be used for public but it may not necessarily be of public property.