Introduction
A word can be interpreted in as many ways as one might choose. Similarly,
the term ‘property’ is said to have a wide range of connotations. Even the
Indian legislature has accorded the term with a multitude of elements. It has
been used in an array of senses.
Property constitutes an essential element of the common English
terminology, and its importance in today’s world can’t be ignored. Before
diving into the peculiarities of this term, it is crucial to understand the term
in its ordinary sense without any complexities. The most general
classification of the term can be as; Incorporeal’ or ‘Corporeal’, ‘Tangible’ or
‘Intangible’, ‘Personal’ or ‘Private’, and ‘Movable’ or ‘Immovable’ Property.
However, this article focuses on diverse aspects of immovable property by
considering the legislation as well as some important judicial decisions in the
light of immovable property.
What is property
As very well quoted by Frederic Bastiat, a former member of the National
Assembly of France, “Life, liberty, and property do not exist because men
have made laws. On the contrary, it was the fact that life, liberty, and
property existed beforehand that caused men to make laws in the first
place.”
The concept of property is dynamic. It has evolved drastically and has been
elucidated in diverse manners in the domain of the legislature, society, and
different eras of the time. The term property is transitional, just like the other
inventions and creations of the human mind, and is rich with meanings.
The word ‘property’ is derived from the Latin word ‘proprius’, meaning ‘one’s
own’. Though there exist several explanations and definitions of the word,
which may not be very much similar to each other, the Sanskrit term
‘Swatva’ closely resembles the meaning of the Latin term ‘propirus’. The root
of the term ‘propirus’ is ‘proprietas’, which is in turn very much similar to the
English word property. This English term is formed from the noun ‘proper’
with the suffix ‘ty’. To sum up, all these terms from different languages
etymologically hold a single meaning, i.e., something that an individual
owns.
In an ordinary sense, property is something that a person exclusively owns
and something peculiar to a person. Property is ownership of something,
thus, giving an exclusive and unrestricted right. In the case of McAlister v.
Pritchard (1921), the Supreme Court of Missouri, Division One, held that the
term ‘property’ is believed to be extended to every category of valuable
rights and interests. Thus, anything that a person owns can be considered to
be a person’s property.
However, in the recent judgements and the evolving concepts of law, it is of
no surprise that the term property is now found to be used in an extended
notion. For instance, now, even a man’s reputation is considered property,
and often much more valuable than any other property. This view was
opined in the case of Dixon v. Holden (1996) by the Supreme Court of
Missouri. Alternatively, even the ideas of intellect and expressions fall under
the category of property. For example:- trademarks, copyrights, patents, etc.
fall under the category of intellectual property.
Thus, it is clear from the above discussion that the term property is not just
confined to ownership when looked at from a broader perspective,
considering both political and sociological factors, along with its most
acceptable sense. It confers upon an individual a bundle of powers. Property
not just includes the things that are the subject matter of the ownership but
also extends to the right of ownership or dominium or partial ownership, as
the case may be. In legal notion, the term property is to include a bundle of
rights and especially in the case of tangible rights, its scope extends to the
right to enjoy, retain, alienate, possess and much more. In light of the
Transfer of Property Act, 1882, the property is suggestive and illustrative of
every possible interest a person can possess. In Indian legislatures, the term
is mostly used in a broad sense.
