There are main two kinds of property:
Corporeal Property: Corporeal Property has a tangible existence in the world and is related to material things such as land, house, ornaments, silver, etc.
Incorporeal Property: Incorporeal Property is intangible because it’s existence is neither visible nor tangible. Right of easement and copyrights are incorporeal Property.
These kinds are further divided two kinds simultaneously.
2. GENERAL MEANING
In general sense, property is any physical or
virtual entity that is owned by an individual or
jointly by a group of individuals. An owner of
the property has the right. Human life is not
possible without property. In simple language
property is a thing which can be acquired like,
water from river in bottle etc.
LEGAL MEANING
Section 2(c) of the Benami Transactions (Prohibition) Act,
1988 defines property as:
“Property” means property of any kind, whether movable or
immovable, tangible or intangible, and includes any right or
interest in such property.
Section 2 (11) of the Sale of Good Act, 1930 defines property
as:
“Property” means the general property in goods, and not
merely a special property.
MEANING OF PROPERTY
3. KINDS OF PROPERTY
• There are main two kinds of property:
• Corporeal Property: Corporeal Property has a
tangible existence in the world and is related to material
things such as land, house, ornaments, silver, etc.
• Incorporeal Property: Incorporeal Property is
intangible because it’s existence is neither visible nor
tangible. Right of easement and copyrights are incorporeal
Property.
These kinds are further divided two kinds simultaneously.
4. Corporeal
Property
Moveable Property: Like,
Money, Books, Shares, Pencil, etc.
Immoveable Property:
Like, Land, House, etc.
Incorporeal
Property
Jura in Aliena: Like, Lease,
Servitude, Security, etc.
Jura in re Propria: Like,
Copyright, Trademarks, Patents, etc.
5. Laws Related to Property
There are many laws which are related to Property
in India some of them are as follows:
Laws Related to Property
The Transfer of Property Act, 1882
The Indian Contract Act, 1872
The Registration Act, 1908
The Indian Stamps Act, 1899
The Indian Evidence Act, 1872
The Limitation Act, 1980
The Negotiable Instrument Act, 1881
6. • This is the basic act which deals about property.
Section 4 of Transfer of Property Act, 1882 :
• Enactments relating to contracts to be taken as
part of Contract Act and supplemental to the
Registration Act.—The Chapters and sections of
this Act which relate to contracts shall be taken
as part of the Indian Contract Act, 1872 (9 of 1872).
1[And section 54, paragraphs 2 and 3, and
sections 59, 107 and 123 shall be read as
supplemental to the Indian Registration Act,
2[1908 (16 of 1908)].]
• Other Acts are also related to property but The
Indian Contract Act, 1872 and The Indian
Registration Act, 1908 are like legs of Property
law and Transfer of Property is the head.
C
The Transfer of Property Act,1882:
TPA
7. Contract is very important part of buying, selling, or transferring property. The Indian Contract Act is
considered to be one of the leg of Transfer of Property Act. Section 1-30 which deals with Formation of
contract is important as per property law.
The Indian Contract Act, 1872:
• Is to maintain and record the transaction of sale and purchases of all kind of property.
• To know the clear title of property and,
• Clear title will prevent fraud
• It also tells what transaction should be registered in section 17 of the act.
The Indian Registration Act, 1908:
Registration of property is very important for selling it or transferring it. The objective behind the
registration:
8. People dealing with Movable or Immovable property had to pay duty to government as per
prescribed. So, stamps act is need for this purpose in property law.
The Indian Stamps Act, 1899:
The Indian Evidence Act is the Lex fori Act, it is the law of land this is used in both civil as well as
criminal case. Section 91 of the act important in respect of property law. Section 91 of the Act talks
about, evidence of terms of contracts, grants, and other dispositions of the property reduced to form of
documents.
The Indian Evidence Act, 1872:
From this Act limitation of filling cases related to property or civil cases is important.
The Limitation Act, 1890:
9. There are many more Acts which is related to property but most important is The Transfer of
Property Act, The Indian Contract Act and The Indian Registration Act.
Thus, from above it is clear that in a general sense, therefore Property consists of land, shares,
buildings and debts due to another person. 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. Property is basically of two categories : Corporeal Property and Incorporeal Property.
Corporeal Property is visible and tangible, whereas incorporeal Property is not. Moreover,
corporeal Property is the right of ownership in material things, whereas incorporeal Property is
an incorporeal right in rem. Corporeal Property is further categorized into Movable and
Immovable Property. Incorporeal Property is classified into two categories : in re propria and
rights in re aliena or encumbrances. There are many laws which are related to property law
some of them are: the Transfer of Property Act, Contract Act, Registration Act, Limitation Act
and many more act.
Conclusion: