Skip to main content

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 



Comments

Popular posts from this blog

Right to passage

The international law does not clearly define the control of the right to passage. Even though if defined who could exercise control over the passsge is the question  The strait of Hormuz now blocked by the country of iran is widely condemned by the United Nations What could be reason is it really war or anything else for the condemning nations  First was this opposed by the Russia china and India? What could be the reasons whether is this the only war that affects the lives of people or the lives of people was immaterial in earlier and on going wars . Was Iran doing the right thing by blocking the strait of hormuz , any nations who s threatened could defend themselves but is the Real defence mechanism  What is the strait jacket formula in war . Ukraine and Russia was into war for the last two years was anyone worried other than the two  anyhow the only affected would the civilians in the war and not the heads so many battered displaced does it even matter ? Put your...

Maintenance for wife /children

The question here would be whether the wife is entitled to maintenance even after divorce ? Is she entitled to maintenance after mutual consent? Does the children born out of the wedlock is entitled to maintenance? These questions are answered here This is applicable to all women irrespective of religion. The wife can claim maintenance even after divorce until she is remarried. The children is entitled to maintenance . For further details consultant your advocate .

Witness

 Who are competent witness 1 any body can be a witness if they can understand the question put forward and answer the question I respect of age and if he a lunatic he is not prevented from giving witness  2. Accomplice  The person who would be the co accused whom might I in turn change as approver  Is the witness a credit worthy witness or he has given the witness due to coersion  The prosecution must prove that based on independent and material evidence rather the conviction merely on accomplice witness  The question would be in case of rape there is no accomplice   The victim is the witness why not unless and until if the victim is it married and of tender age. Post your thought and comments .