Beruflich Dokumente
Kultur Dokumente
Jura in re aliena......................................................................................................................................... 4
Unit-I:
Unit-II:
Unit-III:
Unit-IV:
Laws relating to Ceiling on Land Holdings — A.P. Land Reforms (Ceiling on Agricultural
Holdings) Act, 1973 — Effect of inclusion in the IX Schedule of the Constitution —
Interpretation of Directive Principles of State Policy — The Urban Land (Ceiling on
Holdings) Act, 1976.
Unit-V:
Laws relating to alienation — A.P. Scheduled Areas Land Transfer Regulation 1959 —
A.P. Assigned Lands (Prohibition of Transfers) Act, 1977-Resumption of Lands to the
Transferor/Government - A.P. Land Grabbing (Prohibition) Act.
Suggested Readings:
1 .P. Rama Reddi and P. Srinivasa Reddy : Land Reform Laws in A.P., Asia Law House. 5th Ed. Hyderabad.
2. P.S. Narayana: Manual of Revenue Laws in A.P., Gogia Law Agency, 6th Ed. 1999, Hyderabad.
3. Land Grabbing Laws in A.P., Asia Law House, 3rd Ed. 2001, Hyderabad.
4. G.B. Reddy: Land Laws in A.P., Gogia Law Agency, Hyderabad, 1st Edition, 2001.
LAND LAW
LAND LAW A GENERAL OVERVIEW
The Following Acts are part of the Fourth Semester of Osmania University Course of Study.
Land Law is the form of law that deals with the rights to use, alienate, or exclude others from
land.
Property is defined as the control by man over things or an appropriation of certain objects
recognized by the society. Possessing property means having a 'right' and 'ownership' over it.
Land is the primary property known to man since the beginning of the civilization.
Jurisprudents proposed various theories and kinds of Property, each of which give a different
definition for the concept of property. Property can be acquired in many forms.
EMINENT DOMAIN says that a citizen holds his property subject always to the right of the
sovereign to take it for a public purpose.
ESCHEAT is reversion of land to State on failure of heirs of the owner or on his outlawry.
BONA VACANTIA are goods without an apparent owner in which no one claims a property
belongs to the State.
Right to own property is dealt in Article 17 of the Universal Declaration of Human Rights, 1948. It
says, everyone has right to own property alone as well as in association with others. No one shall
be arbitrarily deprived of his property. Right to Property is considered a Fundamental Right in
many countries.
In India, Articles 19(1)(f), 31 and 300A deals with the Right to Property. Indian citizens enjoy an
acquiring property as a fundamental right but with some restrictions.
The Supreme Court of India, dealing with Kameswar Singh vs. State of Bihar (AIR 1952 Par.
91) said that the right to acquire property also meant that the State can take property
for a public purpose and by paying compensation in accordance to Eminent domain.
After the Rustom Cavasjee Cooper vs Union of India (AIR 1970 SC 564) case, the
Government of India brought a new amendment that removed difficulties in
nationalization. Hence, Article 19(1)(f) and 31 are repealed from the Constitution of India
and a new article 300A was inserted.
Possessing property includes the right to use and enjoyment by the owner without any
interference from others. Ownership and property are inter-dependent. A man's property is all
that is his, in law. Various Theories of Property are proposed in an attempt to define the term
'property'. Further, properties are divided into various kinds
KINDS OF PROPERTY
Jura in re aliena
Jura in re propria
JURA IN RE ALIENA
Jura in re aliena means 'Right over other property'.
These are also known as Encumbrances
These are right in rem over a res (thing) owned by another.
The right runs with the things encumbered.
These are incorporeal property
This includes Leases, Servitudes, Securities etc.
JURA IN RE PROPRIA
Jura in re propria means 'Right over the property'.
These are rights of ownership in one's own property as are not exercised over material
objects.
These can be in material things or immaterial things
Material things such as lands, chattals etc.
Immaterial things such as Patents, Copyrights, Trademarks, Designs etc. and material
things such as Lands, chattels etc.