Ownership
Ownership
It Is the relation of person and thing
Corporeal
Jus in rem , jus in re propria
I have a coin in my pocket which is the corporeal thing
Owing a land , chattel is a corporeal thing
Incorporeal
Jus in re aliena
The way of right which I own on my neighbourhood land is mere incoporeal thing
The right of recover debt vested in the creditor is a incoporeal
Sole and co ownership
When there are two or more owners it is a co ownership
Both the owner are equally liable for a debt rather than divided
If a debt of 1000 is pending each owner has a debt of payment 1000 each rather 500 individually
When the two owner ship merges in one the sole ownership
When there is a partition ownership the debt payment of libel only individually
Common and joint
When the one of partner dies the heirs of the deceased partner may take the place of the deceased it is called common partnership
When the one of the owner dies the other Partner takes the position by means of survivorship which is called joint partnership
Trust and beneficial ownership
The person who holds the property for some one else he s called the trustee and the trust ownership and for whom he holds is the beneficial ownership
The trust is created either for
persons u unborn , incapacity and if there are too many owner s of different interest.
Legal and equitable ownership
When I say I legally transfer my property to B with out a sale deed the legal owner is me and the equitable owner is B even though there is no formal registration happened to complete the transfer , the equity operates on natural justice rathe that pure law.
Vested and contingent
Vested - if Iam the owner of the property I have rights vested in me.
If there is a transfer of property the rights vested in me gets divested by means of transfer to the transferee which is condition subsequent .
Contingent ownership is either based on condition precedent or subsequent
If I say my property to my wife and then to my children on condition that if wife remarries to children
Remarried is the condition subsequent which the rights vested in wife gets divested to children
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