Property rights, Norms, and Standards

1. Property rights, Norms, and
Standards
Presented By:
Asha Mohan

2. Brief knowledge about “Property”
 Property is any land we
possess.
 The term “property” under
Article 300A is not limited to
just land. It includes
corporeal and incorporeal
rights. It consists of money, a
contract, an ownership stake
in property, etc.
 These rights provide individuals
with the authority to control and
benefit from their possessions.
 Until 1978, the right to property, in
India, was a fundamental right but
after the 44th amendment in the
Indian constitution, the right to
property in India falls under the
category of human rights.
 This means that it is an essential
right that every human has. It is
meant to protect their dignity and
equality, but also human rights are
not absolute and can be limited in
certain situations.

3.  Pre-colonial Era (Ancient and Medieval Periods): In pre-colonial India,
property rights were influenced by various socio-political structures,
including tribal communities, kingdoms, and empires. Landownership was
often tied to agricultural practices, with land rights distributed among
different classes of society, including kings, nobles, and peasants.
Historic evolution of Property Rights in India, Pre-colonial, British
India and Post-Independence Eras
Post-Independence Era (1947 onwards): The government enacted
several land and property-related laws to address historical
injustices, promote social equity, and facilitate economic
development.
1.Land Reforms: Various state governments enacted laws such as
the Land Ceiling Act and Tenancy Reforms Act to promote equitable
land distribution and enhance agricultural productivity.
2.Constitutional Provisions: The Indian Constitution guarantees
the right to property as a fundamental right under Article 300A.
3.Modern Property Laws: India has enacted comprehensive
property laws governing various aspects such as land ownership,
real estate transactions, intellectual property rights, and inheritance.

4.  Part III of the Indian Constitution, Article 19 (1) (f) and Article 31 both,
maintained that the property right was a basic right. Indian residents were given
the right to purchase, possess, and dispose of their property under Article 19(1)(f).
Article 31 safeguarded the right against being deprived of one’s property.
 The Defence of India Act had given the government the authority to requisition
and acquire any movable property in the public interest by the Requisitioning and
Acquisition of Immovable Properties Act, 1952. This had been passed in 1962.
However, as soon as the authority began purchasing land, it became clear that the
state’s ability to do so for public use could be limited because the right to property
was a fundamental right.
 Eventually, the 44th Amendment to the Indian Constitution abolished Article 19
(1) (f). The Constitution (44th Amendment) Act of 1978 also abolished Article 31,
and a modified version of it was inserted as Article 300-A. This altered the right to
property act – changed it from being a fundamental right to a human right.
Why was the 44th amendment made at all?-
AMENDMENT OF PROPERTY RIGHTS THROUGH CONSTITUTIONAL
AMENDMENTS

5. What is stated in Article 300 A?
 Article 300-A (right to property act) was added to the Constitution in
1978. It states that “no person shall be deprived of his property except
by authority of law”.
 It means that nobody can take away someone’s property. However, it
gives authority to the government to do it, if needed. The article gives
the government the authority to seize someone else’s property for the
benefit of the general welfare.
 However, the Madhya Pradesh High Court (HC) clarified in a case it
decided in May 2022 that the law requiring the property acquisition
needed to be legitimate and that the state’s acquisition of land had to be
for the benefit of the public.
 The Indian government has undertaken various reforms, initiatives such
as the Digital India program aims to digitize land records and enhance
transparency in property transactions.

6. What does the Supreme Court say about it?
 The Supreme Court of India states that under a welfare state, even
the government authorities cannot seize property without following
the necessary legal process. It stated that no matter what, the
government would not be allowed to break into a citizen’s private
property and claim ownership under the excuse of “adverse
possession.”
 In the case of Vidya Devi versus the State of Himachal
Pradesh(January 2022), the Supreme Court (SC) said that a welfare
state cannot be allowed to use the defense of adverse possession,
which grants legal title to such property for more than 12 years to a
trespasser – a person who has committed a tort or even a crime. The
state cannot be authorized to use the law of adverse possession to
seize the property of its own residents in order to perfect its title to
the land. This was also noted by the court in the case of Vimlaben
Ajitbhai Patel vs. Vatslaben Ashokbhai Patel and others.
 Although it may no longer be a fundamental right, the right to
property is still protected by Article 300-A of the Constitution. It is a
human right today.
Land and Ownership
 Ownership of agricultural and non-agricultural land is governed
by different laws in India.
 Understanding the distinctions is crucial in land acquisition and
development.
Agricultural Land Ownership Laws:
Agricultural land ownership which is aimed at promoting
agricultural productivity, protecting farmers' rights, and
preventing land fragmentation.
1.Land Ceiling Laws: Several states in India have enacted land
ceiling laws to limit the maximum amount of agricultural land
that an individual or entity can own. These laws aim to prevent
land concentration and ensure equitable access to agricultural
resources.
2.Tenancy Laws: Tenancy laws govern the rights and obligations
of landlords and tenants in agricultural land transactions.
3.Land Consolidation Laws: Land consolidation laws facilitate
the voluntary exchange and consolidation of fragmented land
parcels to create larger and more productive agricultural holdings.

7. Land and Ownership
Non-agricultural Land Ownership Laws in India:
Urban land ownership in India is regulated by a combination of
central and state laws, as well as local municipal regulations.
❖ Land Acquisition Laws: The process of acquiring land for
is governed by the Land Acquisition Act, 2013 (or relevant
state laws).
❖ Real Estate Regulation and Development Act (RERA):
RERA, enacted in 2016, aims to regulate the real estate
sector and protect the interests of property buyers, providing
transparency in property transactions, and establishing
mechanisms for dispute resolution.
❖ Property Tax Laws: Municipalities levy property taxes on
urban land and buildings based on their assessed value.
Property tax laws vary across states and municipalities and
may include exemptions, rebates, and incentives for certain
categories of property owners.
❖ The Indian Contract Act, 1872: The purpose of the Indian
Contract Act is to control contract laws in India, entering into
a contract, their execution, and implementation; not only this,
but it also protects the rights and provides remedies in the
event of a violation of applicable Land ownership laws in
India (in case of a contract of land) and supplied as per legal
document.
❖ Transfer of Property Act of 1882: One of the primary Acts
that govern the sale, lease, exchange, mortgage, and gift of
immovable and movable property.
❖ The Indian Stamp Act of 1899: One may approach legal
advice to determine the stamp duty to be paid and the
procedures for the registration of different documents and
deeds.
❖ Indian Registration Act, 1908: Under this regulation, it is
mandatory that all properties involving transactions over
Rs.100 and purchased in India must be registered to prevent
fraud, protect evidence, and establish ownership.

8. Land Acquisition
Land acquisition in India refers to the process by which the
government or private entities acquire land for various purposes,
such as infrastructure development, industrial projects, urbanization,
and public welfare initiatives.
• The process of land acquisition is governed by the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act),
which replaced the earlier Land Acquisition Act, 1894.
• Land acquisition in India involves balancing the need for
economic development and infrastructure expansion with the
protection of property rights, livelihoods of affected
communities, and environmental sustainability. The RFCTLARR
Act seeks to ensure a fair, transparent, and participatory process
of land acquisition while safeguarding the interests of all
stakeholders involved

9. Article 370
Article 370 of the Indian Constitution was a special provision that granted autonomous status
to the region of Jammu and Kashmir. It conferred special rights and privileges to the residents
of Jammu and Kashmir, including certain provisions related to property rights.
Under Article 370, the Jammu and Kashmir legislature had the power to define permanent
residents of the state and enact laws related to property ownership and inheritance. This special
status allowed the state to have its laws governing land rights, including restrictions on the
acquisition of land by non-residents.
Key aspects related to property rights under Article 370 included:
1.Permanent Residency: The state government defined who qualified as a permanent resident
of Jammu and Kashmir, and only permanent residents were entitled to own land or property in
the state.
2.Land Ownership Laws: The state government enacted laws to regulate the acquisition and
transfer of land, including restrictions on non-residents purchasing land in Jammu and
Kashmir.
3.Inheritance Laws: Laws related to inheritance and succession of property were also
governed by state legislation, which could vary from the rest of India.
In August 2019, the Government of India abrogated Article 370, thereby revoking the special
status of Jammu and Kashmir and integrating it fully into the Indian Union. As a result, the
region's autonomy was significantly curtailed, and many of the special privileges, including
those related to property rights, were abolished.

10. Role of Intellectual Property in Economic Development IN INDIA:
1.Promoting Innovation and Entrepreneurship: Intellectual
property rights incentivize innovation and creativity by rewarding
inventors, creators, and entrepreneurs with exclusive rights and
financial incentives.
2.Attracting Foreign Investment and Technology Transfer: Strong
intellectual property protection enhances India's attractiveness as a
destination for foreign investment and technology transfer.
3.Fostering Knowledge-Based Industries: Copyright protection
enables Indian artists, filmmakers, musicians, and authors to monetize
their works.
4.Supporting Small and Medium Enterprises (SMEs): Incentives
for SMEs to leverage intellectual property for business growth and
market expansion.
5.Ensuring Market Access and Fair Competition: Intellectual
property protection safeguards against unfair competition,
counterfeiting, and piracy, preserving the integrity of markets and
fostering consumer trust.
Intellectual Property Rights

11. 1.Lack of Proper Land Records:
1. Inaccurate or outdated land records pose a significant
challenge to property rights enforcement.
2.Corruption and Red Tape in Land Administration:
1. Corruption and bureaucratic inefficiencies in land
administration exacerbate property rights violations and
undermine the rule of law.
2. Land-related processes such as land acquisition, registration,
and mutation are often marred by bribery, favoritism, and
delays.
3. Lack of transparency and accountability.
3.Encroachment and Illegal Land Grabbing:
1. Encroachment on public and private land, often driven by
land scarcity, urbanization, and population pressure, poses a
significant threat to property rights.
2. Weak enforcement mechanisms and inadequate protection of
squatters' rights contribute to land grabbing and
encroachment issues.
Challenges in Property Rights in India

12. 1.Improving Land Records Management:
1. Digitization and modernization of land records to ensure
accuracy, accessibility, and transparency.
2. Regular updating and maintenance of land records to reflect
changes in land ownership and boundaries.
3. Integration of geographic information systems (GIS) and
technology-driven solutions for efficient land administration.
2.Combatting Corruption and Red Tape:
1. Streamlining land-related processes and reducing bureaucratic
red tape through e-governance initiatives and administrative
reforms.
2. Enhancing transparency and accountability in land
transactions through public disclosure of land records and
online platforms for land-related services.
3.Preventing Encroachment and Illegal Land Grabbing:
1. Implementing proactive measures such as land-use planning,
zoning regulations, and land regularization schemes to
address informal settlements and prevent future
encroachments.
2. Providing legal assistance and tenure security to vulnerable
communities to protect their land rights and prevent forced
evictions.
Improving the management in Property Rights in India

13. Thank You