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1. Land
Ownership
Dr. Virag Sontakke
Assistant Professor
Center for Advanced Studies
Department of A.I.H.C. & Archaeology,
Banaras Hindu University

2. Land Ownership

3. Introduction
• Earlier, Land was considered as a gift of nature and no person in particular
owned it
• It was probably commonly used by ancient settlers.
• When man started practicing settled agriculture, the concept of ownership
developed.
• Land ownership in Ancient India was not stable throughout.
• The ownership seem changing with the course of times and evolving
gradually with different political set-up.
• It is matter of debate who owns the land.

4. Land Ownership
King
Ownership
Communal
Ownership
Individual
Ownership

5. Land Ownership
Individual Ownership

6. Individual Ownership
• Criteria/ Rights of Land
1. Sale
2. Purchase
3. Mortgage
4. Lease
5. Divided
6. Donation
7. Hereditary nature

7. Individual Ownership
Scholars who supported this view:
1. Mcdonel
2. Baden-Powell
3. K. P. Jayaswal
4. P. N. Banerjee
5. U.N. Ghoshal
6. Lallan Gopal

8. Rigvedic Period
• A few reference of private ownership of cultivated land observed in the
Vedic period.
1. Reference of Measuring Fields
2. Fields being separated by strips (khilya)
3. Expressions of “lord of a field”, winning of the field
4. Fertile fields for worthy sons and grandsons indicate private
ownership.
5. Agricultural land was known as Urvara and Kestra
6. Owner of these land called as, Urvarapati, Urvarasa, Urvarajit,
Kestrapati and Kshetrasa.

9. Later Vedic Period
• In later Vedic period, we find the references that land was divided into four
classes viz.,
a) pasture land,
b) homestead land,
c) the arable land
d) the forest.
• Trt. Sanhita: in the time of land disputes worship of Indra and Agni gods.
• Etr. Brahman: Manu son Nabhnedisth asked his share when his ancestorial
property was divided.
• Bruhaddaranyak Upanishad: Sage Yagyavalk divided his property between
his two wives before Renunciation.
• Chandogya Upanishad: Agricultural Fields and Houses were counted as
personal property; they can be donated.

10. During 6th Century BCE
• Development in Society and Growth of new cities
• Enhancement and expansion of agriculture
• Peasant proprietors called khettapati, khettasdmika or vatthupati cultivated the arable land.
• Panini: fields were measured
• Agricultural crops were protected by compound
• Dighnikaya : Division and boundary between two paddy fields
• Dighanikaya: Boundaries were set up to distinguish the plots of land possessed by different
owners
• The stealing of another's plot is referred in the Dighanikaya.
• Jataka & Vinay Pitaka: mentions the sale, lease, mortgage and donation of lands.
• Mahavagg Jataka: reveals that land was classed with cattle and other movable and
immovable property as the personal property of a householder.
• Anadthapindika, Ambapili and Jivaka gave donations of lands.
• The Cullavagga Jatak: describes a law-suit relating to the Jetavana, (a significant instance
illustrating individual ownership of land).
• Rajjuvahak: Agricultural Officer

11. Mauryan Period
• State control over land in this period.
• King ownership increase as compare to Individual and Community
• King own forest, barren lands and pastural lands
• Also King had his own agricultural farms.
• Kautilya: if any owner vacate his land for 10 years such land was seized by the state/ king.
• There are indications of private ownership of land.
• Kautilya used Swayam or ownership while dealing with the disputes about the sale of the
land.
• The fields of the different owner were demarcated by boundaries, an encroachment was an
offence.
• Reference of boundary disputes between individuals.
• The land could be sold by cultivators.
• Dispossessing a person of his field was a penal offence.
• Making improvement on another plot did not create any right of ownership.
• Illegally taking possession of the field was offence.

12. Post Mauryan Period
• This period remains strong evidence of Individual ownership of land
• Manusmriti mentions that the king was only a sovereign power on the
earth, but he was not the real owner.
• Manusmriti: Land belong to him; who first cleared the timber.
• Patanjali: mentions the owner of land who had rights to sale, donate the
land.
• Mahavastu: mentions demarcation of boundary of paddy fields and donate
to the Buddhist monks.
• Manu: king has responsibility to take care of land of minors and children’s.
• Yagyavalka: Dispossessing a person of his field was an offence.
• Divyavadana refers individual farmers in large numbers, working hard in
agricultural cultivation.

13. Gupta Period
• Clear evidence of Individual ownership of Land
• Bruhaspati: Deeds were prepared while sale of land
• Evidence of mortgage and lease of land is also found.
• Brihaspati smriti declares that if Ksatriya, Vaisya, Sudra, die without a
male issue, or wife or brother, their property should be taken by the king.
• Madhava says that land is not the king’s property but the common
property (sadharana).
• Katyayana: included agricultural land as personal properties like house,
Jewellery.
• Katyayana: land can not be sold without the permission from adjacent
land owners.

14. Early Medieval Period
• Rise of feudal states
• Growth of Big land lords
• Rajtarangini: big land owner gaining huge profits from crops and became
Dammar or Feudal lords.
• Rajtarangini, Bruhnnaradiy Puran, Yukti-Vyakti prakaran: Farmers who own
small size fields were suppressed by the big shots.
• Krutyakalpataru and Agnipuran: evidence of Individual ownership as right of
sale and purchase of land.
• Medhatithi: was in favor of Individual ownership of land
• Shubhashit Ratnakosh (1175 CE): Nijvansh Bhuriti- ancestral land.
• Rajtarangini: Karkot dynasty king Chandrapid’s officers requested the cobbler
to sale his land for construction of temple.
• Jaimini’s Mimasa, clearly says that the king cannot give the state territory
(mahabhumi) because, it is not his own (svam).

15. Land Ownership
King Ownership

16. King Ownership
Scholars who supported tis theory:
1. V. A. Smith
2. J. N. Samaddar
3. B. Breloer
4. Shamasastry
5. Hopkins
6. Bihler
7. Maine

17. Rigvedic and Later Vedic Period
• In Rigveda, nothing to prove that the king was regarded as the owner of
the land or the owner of the state.
• The Rigvedic hymns simply show that the kings received bal as guardian
of the people and not as being the head of the state.
• In later period, land was divided into four classes viz.,
a) pasture land,
b) homestead land,
c) the arable land and
d) the forest.

18. 6th Century BCE
• Apastamba Dharmasutra: if a man does not cultivate the land given by
the state on lease, he should compensate full loss caused to the state.
• Vasistha Dharmasutra says that the property entirely given up by the
owner should go to the king.
• Gautama Dharmasutra: the treasure-trove or articles hidden under the
earth should given to the king.
• Gautam: King is owner of everything except Brahmanas.
• Barren land, vacant land, pastoral land, forest land etc. was under the
ownership of the King.
• Vinay Pitaka: Magadh King Bimbisar was swami of 80,000 villages
• His wife Kosaladevi got a village from her brother Prasenjit (Kosala) as a
dowery.

19. Mauryan Period
• Clear evidence of King ownership on land.
• Diodorus and Strabo (coted on Megasthenes): Kings owns all property in
India, Individual ownership was not present.
• If the owner happened to be absent for a long time he might loose his
ownership of the land.
• The forest, regarded as the property of state.
• Kautilya includes forest as a separate item in the classification of sources of
revenue.
• Officer Kupyadhyaksha was appointed to collect the economic produce from
forest.
• Arthasastra says that state should clear some parts of the forest and develop
them either into cultivable land of homestead land.
• He further recommends that state should adopt special measure for
colonization of waste lands.

20. Land Types
• Seven types of land under the king’s prerogative.
a) the fallow land,
b) the newly settled janapada,
c) the treasures,
d) the mines and mining products,
e) the pasture land,
f) the irrigation project and
g) the forest land.

21. Agriculture (State Farm)
• The Sītādhyakṣa mentioned in the Arthaśāstra is known to have
supervised the entire task of agricultural production of the
kingdom.
• The word S̄itā signified the crown land.
• He was to have the requisite knowledge in the Vṛkṣāyurveda.
• He was also to collect the seeds of fruits, creepers, cereals and
cash crop like cotton.
• He was to supply the cattle, the plough and also to employ the
agricultural labourer for facilitating the tasks of cultivation.
• Thus the royal control was exercised over agricultural.

22. Post-Mauryan
• Manusmriti says that the king is lord of all.
• Manusmriti :King is the supreme authority, therefore, he should be
regarded as master of the land.
• Manusmriti: King should appoint clever superintendents at different
places to exercise control over the land and the people.
• Treasure trove owned by the King.
• The earliest epigraphic evidence of land grant belongs to the first century
BC, when a village was granted by the Satavahanas in Maharashtra Such
grants were free from taxes.

23. Gupta Period
• Brihaspati smriti declares that the king is the lord of all.
• Brihaspati smriti : further says that if Ksatriya, Vaisya, Sudra, die without a
male issue, or wife or brother, their property should be taken by the king, for he
is the lord of all.
• Fahiyan: King owns complete land of the state
• Katyayana: If the owner leave the state without paying land taxes king has right
to seized his land and right to sale.
• Land (property) without ownership ultimately goes to state/King.
• Inscriptions of this period mentions Grammahattar and Vyavaharin; officer
appointed for sale and mortage or lease of land
• Naradasmriti says that king has the monopoly over the treasure-trove and it is
one of the important 'Sources of revenue of the state.
• Paharpur copper plate inscription of Buddhagupta: stated that the emperor
representing the state acquired the wealth as well as spiritual merit, when he
made land grants. This obviously means that he was the owner of the land.
• King get 1/6 % as Bhag (land revenue)

24. Early Medieval period
• King is owner of all property of state.
• Bhatt-Swamin: King is Proprietor of water and land.
• Manasollasa: King is possessor of all property of state
• Krutya-Kalptaru: King as a swami of land.
• Rajatarangini: King is a owner of all agricultural land
• Inscriptions of this period indicate king has special right on agricultural
land as mentions in donative inscriptions.
• Medhatithi: King is a rightful owner of Treasure trove

25. Land Ownership
Communal Ownership

26. Communal Ownership
• Scholars who supported this view:
1. P.V. Kane
2. R. G. Basak
3. R. C. Majumdar

27. Later Vedic period
Mimansa sutra: land donation is restricted due to its communal
ownership.
Scholars: Pastoral lands, ponds, routes and forest land was
possessed by whole village.
Mahabharata: Uttar Kuru tribe has a practice of communal
ownership.

28. 6th Century BCE
• Dighnikaya: Tribe of Uttar Kuru followed the practice of community
ownership.
• Dighnikaya: Animals, Crops and even Women were also considered as
communal property.
• Jataka: Adjacent land of villages which consist pastoral area, barren land,
jungle were utilized by whole villagers.
• Sinhkamm Jataka: All villagers were providing security to barley fields.
• Tindak Jatak: A fruit tree considered as a communal property.
• Republican states like Liccahavis, Shakyas, Mallas, Koliyas, Aayudhajivi
etc. followed the practiced of Communal ownership.

29. Mauryan Period
• King become a sole power during Mauryan period
• Both Individual and Community ownership of land was not observed.
• Arthashashtra: not mentions a Community ownership (A.N. Bose)
• However some reference gives idea about Community ownership of
land.
• Kautilya: land situated at a distance of 800 angul from villages was
owned by villagers.
• Greek Historian Niarcus/ Strabo: N-W India (Panjab) tribal were doing
community agriculture.

30. Gupta Period
• Manu: land at distance of 600 fit from Village considered as village
property.
• Vishnu: Pastoral land = village property
• Yagyavalka: Surrounding land of villages were used as communal
property.
• Jaiminisutra : Even the greatest king cannot make a gift of the
whole earth of which he may be the ruler, since the earth is
common to all.

31. Ownership
King
Communal
Personal

32. Discussion
• The above slides shows that the king was not the lord of land in his
individual capacity, but in the capacity as the head of the state.
• King was the swami of the state, act as a protector
• But he owns only state lands (Crown Lands)
• Remaining land though own by him as a king but original rights
contain by the owner.
• The farmers seem to be the owner of their agricultural fields.
• Community ownership prevalent in republic (Sangh/Ganrajya) States.