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PROPERTY

 

PROPERTY



ETYMOLOGY OF THE WORD PROPERTY

According to linguistics the word property is derived from the Latin adverb "propter". It evolved from the word "proprietus". The word proprietis came to be used on an intellectual level by Roman legalists and was used in the colloquial language of France. Gradually, the term property came to be used for land, money and other valuable things.


DEVELOPMENT OF "PROPERTY" INTENT

v The meaning of the word "property" is definite when the term came to be used to express the relation of a family and objects belonging to its members. Later, the tendency of the people to acquire and preserve the objects of individuals was recognized by social conditions and the property began to be supported, seeing the rationale and necessity of its origin. It became an object of respect and its development started as an institution with social specialties.

 

v In the primitive society, the official scholars of religion gave birth to the law, and in that society both property and family were unqualified words because both had their original religion and both were recognized by religion itself. Thus property, family and law were homogeneous or related terms in primitive society.

 

v In the Justinian code, "mancipium", "dominium" and "proprietus" are used equally for property or "ownership". Mancipium means acquisition, possession, especially land. The word "manshipium" is almost similar to the word "planet" in Sanskrit. In Roman, "dominium" or "propiratus" refers to the set of rights that signify ownership.

 

 

  CONCEPT OF PROPERTY

v The legal suffix of flat in Indian law is the same as in English jurisprudence. English law is very much influenced by Roman law.

 

v The word "property" can have many meanings, such as ownership or ownership, that is, the complete right of the owner. Sometimes it means the Roman "race" under which the right of ownership is exercised, i.e. the object itself which is the subject or character of the said right.

 

v The human meaning of "race" or "object" has helped in the development of the nature of property. Thus the sense of authority over "race" or "object" and the affirmation of "race" or "object" itself are complex and intimately connected to the affinity suffix, i.e. both are complementary and supportive of each other.

 

 

 OBJECT OF PROPERTY

v The object to be used in the sense of property must have the qualities of stability and physical unity.

 

v A collection of units whose units are themselves separate objects and an object made up of the inclusion of such single units can also be called objects; Such as a house made of brick or bricks or a sheep or a hut made of many sheep.

 

v In law, the object is also used to express certain rights and duties. Depending on physical properties, an "object" can be of two types - movable or immovable. But according to the technical rules of English law, things are real and personal.

 

v According to Roman law, "race" is likewise divided into "mancipable" and unmanifest. In this way property is related to another "race" or "object" and on the other hand to human rights related to race or object. Therefore a person is required for the property who can hold his right over something.

 

v Property, according to the final analysis, expresses the relationship established between a person and an object or right, which he considers only his own.

 

v The classification of property according to the nature of the race or object and the nature of the object or rights is done in different ways, eg, earthly or non-living; Movable or immovable and real or personal.




RIGHT TO PRIVATE PROPERTY

Article 19 (1) refers to the grant of 'right to private property'. It is a human right but different countries have limited this right in various ways at their discretion. The right to property is described in Section 7 of the United Nations Universal Declaration of Human Rights. Originally the original right was in India but now it has been removed

 

Property rights are not fundamental, but still constitutional: High Court

• Action taken against the officials who grabbed people's land without any legal process.

• Under 300A, no person can be deprived of his land except by legal authority.

 

"Property" is a word in this world where the whole world stops. Everything is property, if there is no property then there is nothing.

 

v The right to property is a right which the Constitution of India deemed more essential than the Fundamental Rights, and by the 44th Constitution Amendment in 1978, the original right to property conferred by the original article 31 was abolished and made it as a constitutional right in article 300A under Chapter 31.

 

v This right is now a constitutional right, not a basic right, which can be regulated by simple law.

 

v This would not require constitutional amendment and as a result Articles 19 [f] and 31 have been omitted from the constitution.

 

v To keep this right as a constitutional right, the new article 300 [a] has been added, it provides: Inserted by section 34 of the Constitution (Forty-fourth Amendment) Act, 1978 (wef 20-6-1978).

"No person shall be deprived of his property without the authority of law."




vThe Allahabad High Court has criticized the Uttar Pradesh government for taking private land of the people without any acquisition and paying compensation. A bench of Justices Shashikant Gupta and Pankaj Bhatia reminded the government that even though the right to property was not a fundamental right, it is still constitutional and human rights.

 

v Court said, no person can be deprived of his land except by legal authority."Before taking possession of the land, the authorities should pay compensation in lieu thereof, under the relevant provisions. Under no circumstances shall the State acquire nor take possession of the land in violation of the Fair Compensation Act or any other law. This act of the officers is a violation of Articles 14 and 300A of the Constitution. Under Article 300A, any person other than the legal authority shall No one can deprive him of his land, ”the court said. "Article 300A states that a person cannot be evicted from his / her property only by an executive order, behind which there is no authority of any law made by the legislature. Although the right to property is no longer a fundamental right It is still a constitutional right, ”the court said.




HOW RIGHT TO PROPERTY CONFERRED UNDER ARTICLE 300(A)?

Under the new article 300 [a], there is only one condition for the property of a person to be acquired by the state and that is the authority of law. For what purpose and whether any compensation will be given and if given, how much will be given, the determination of these questions will be subject to [both these conditions were necessary under the repealed article 31] of the legislature.

As a result of this amendment, the only difference between the fundamental rights conferred in Part 3 and the constitutional right to property under Article 300 [A] is that the citizen should go to court under Article 32 and Article 226 for enforcement of the Fundamental Rights.

 Whereas in case of violation of the constitutional right of property under Article 300 [a] of a person by the State, cannot seek treatment from the Court under Article 32 .He can only go to the High Court under Article 226.

Thus, the constitution has provided this article to not deprive individuals of property without the authority of law. Because the right to property is an important right.

Property plays an important role in the socio-economic revolution. In modern industrial society, it is therefore placed at the top.



HISTORY OF PROPERTY RIGHTS -

The right to property, since it has been considered a right which helps in effectively effecting other rights, is why Article 31 of the Indian Constitution was considered a transitional modesty article because it changed its form as much as any other article.

 The reason for this was that both the Center and the State had done a lot of legislative work to implement agricultural reform, national taxation and the Directive Principles of State Policy to regulate the right to property.

In order to fix the economic system in the agricultural sector and to build a new social society based on socialist structure, it was necessary for the governments of both the Center and the State to form legislation to provide land ownership to the cultivators, landlords.

 In urban areas, the need for additional land was felt to provide housing facilities to the homeless people, to eliminate the urban mess and to develop and implement urban plans. Due to all these reasons legislations were brought on a wide scale and many changes had to be made in the form of Article 31.

Article 31 [1] of the Constitution provided protection against the denial of property to any person without legal authority, as well as Article 31 [2] providing protection against compulsory acquisition or acquisition of such property, which No amount has been acquired or acquired by the legal authority for the fulfillment of public purposes.

The [44th Amendment Act '1978] was passed and Article 19 [1] f and 31 granting property as a fundamental right were removed from the constitution. Under Section 34 of this Act, Part 12 of the Constitution incorporates a new chapter [Chapter-4], Article 300-A has been created. This article recognizes the right to property but it is a legal right. I see, not as a fundamental right. .

 

Jillu Bhai Naan Bhai Kahar v. State of Gujarat A.I. R S C In the case of 142, the Supreme Court has determined that Article 300 -. The right to property guaranteed under A is not the basic structure of the constitution, but is a constitutional right. ".



HOW LEGAL RIGHTS ARE DIFFERENT FROM FUNDAMENTAL RIGHTS -

The difference between Fundamental Rights and General Legal Rights is that General Legal Rights are accessible to individuals at the grace of the Legislature, the Fundamental Rights are conferred in the same form by the Constitution itself.

General legal rights can be abolished or reduced by the legislators at any time, but the basic rights remain out of their reach, to the extent or by which the constitution itself remains out of their reach.

Unlike the general legal rights, treatment can be obtained from the general judiciary itself, but the fundamental rights are protected by the highest law constitution and supreme court of the country.




 


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