Ownership: Types and Termination
This legal concept, known as ownership, is all about having the exclusive right
to possess, use, enjoy, and manage a property. In the eyes of the law, ownership
means having the rights for an individual or a company to use, transfer, and
take care of property. Ownership involves several important aspects:
- Exclusive Control: Owners only have the duty of control and possession over the property. They can have the property for their own use, lease it to others, or transfer it under certain legal restrictions and regulations.
- Use and Enjoyment: On the right of ownership, one is expected to use and enjoy the property not affecting the rights of other people or breaking any law. These rights include the right to obtain income from the property, either through leasing it or by carrying out a business on it.
- Disposal of Property: The owners have the right to pass ownership of the property to others, which includes selling or gifting, or by leaving it by means of bequeathment. They can also pledge or mortgage the property to secure loans.
- Exclusivity: Ownership is typically exclusive, meaning that one owner has rights to the property or asset that excludes others from interfering with it or claiming ownership to it. This fundamental is an essence of ownership.
- Legal Recognition: Legally, ownership is an entitlement that can be upheld in a court of law. Remedies provided to an owner through the legal system aim at safeguarding ownership rights and resolving disputes.
- Limitations and Regulations: Ownership confers substantial powers, but these are not absolute; they can be limited by law or regulation. For instance, zoning laws, environmental regulations, and eminent domain may limit how a piece of property can be utilized or altered.
Ownership is a crucial idea in property law, playing a vital role in various
legal dealings such as real estate transactions, asset transfers through wills
and trusts, and establishing property rights in businesses. Different regions
may have distinct laws concerning ownership due to cultural, historical, and
Ownership typically implies having control and exclusive rights over property,
but there can be exceptions. It's important to note that property ownership is
not absolute; it is subject to the larger interests of society and the rule of
law. Society has a say in how property is used or developed, taking into account
factors like public welfare, safety, and other considerations.
Types of OwnershipA property generally is of the following types:
The ownership of a material thing such as land, goods etc., is called Corporeal
The ownership with regard to immaterial things such as reputation, domestic
relations, trademark etc., is called Incorporeal Ownership.
The ownership vested with only one person is called Sole Ownership.
The ownership shared by more than one person is called Co-ownership.
In joint Co-ownership, on the death of one person (co-owner) the whole right
goes to the other co-owner and not his legal heirs.
Ownership in Common
In ownership in common, on the death of one owner, the whole right goes to his
legal heirs and not to the other co-owners. It is common in business.
Trust and Beneficiary Ownership
In Trust and Beneficiary Ownership, a trust is established, and a trustee is
chosen to manage the property. The trustee cannot dispose of the property but
can handle it. The benefits or interests arising from the trust are enjoyed by
other individuals known as beneficiaries. Both the trustee and the beneficiaries
are considered owners of the trust property.
Legal and Equitable Ownership
Legal and Equitable Ownership is a concept found in England, but not prevalent
in India. Legal ownership is when ownership is recognized by the law, while
equitable ownership is when ownership is recognized by equity. For instance, if
A agrees to sell goods to B, and B pays the money but does not receive the
goods, B becomes the equitable owner, and A remains the legal owner.
Contingent Ownership involves property ownership that depends on a future and
uncertain event. This event may or may not occur. If the uncertain event does
not happen, contingent ownership does not materialize. For example, if A gives a
property to B as a gift when B reaches the age of 25, it's uncertain whether B
will reach 25 or not, as he may pass away before that age. Ownership becomes
complete only when B turns 25; until then, B is considered a contingent owner.
Vested Ownership refers to complete ownership of a property. When a property's
title is transferred, it is considered vested ownership. Vested Ownership comes
with both inheritable and transferable rights. It can be categorized into two
types: Vested in Possession and Vested in Interest.
In Vested in Possession, for instance, when X gives his property to his son Y, Y
not only gains the title to the property but also immediate possession of it.
Vested in interest property typically refers to a type of property ownership
interest where the right to ownership is certain and cannot be easily revoked or
taken away. However, the ownership may not be immediate. Example: if A gives his
property to his wife B for her lifetime and then to his son C, both B and C
acquire vested ownership of the property simultaneously. However, B obtains
immediate possession, while C's possession is postponed until after B's passing.
Conditional Ownership arises when the transfer of property depends on the
fulfilment of certain conditions. These conditions can be either precedent or
A Condition Precedent refers to a condition that must be met for a contingent
ownership to become vested ownership. For instance, if A gives property to B on
the condition that B marries C, this is a condition precedent. B's ownership
becomes vested only if he marries C.
A Condition Subsequent, on the other hand, is a condition that, if fulfilled,
results in the destruction of vested interest. For example, if 'A' gives
property with the condition that if B marries C, he will lose his property, B
initially gains vested ownership, but there is a risk of losing it if he marries
C. If B does marry C, his vested ownership is forfeited.
Termination of Ownership
Ownership of property can be terminated through various legal processes and
Here are some common ways this can happen:
Sale or Transfer: Owners can voluntarily sell or transfer their property to another party. When the property's title is legally transferred to a new owner, the previous owner's ownership ends.
Gift: Property ownership can be given up as a gift. When a property owner gives their property to someone else as a gift, they willingly give up their ownership rights.
Abandonment: If a property owner abandons their property and doesn't use or claim it for a long time, it may be considered abandoned, resulting in the loss of ownership.
Eminent Domain: The government can take private property for public use through eminent domain, compensating the owner for its value. This action ends the private owner's ownership rights.
Adverse Possession: In some places, if someone openly and continuously occupies someone else's property without permission for a specific time and meets certain legal criteria, they may gain ownership through adverse possession, ending the original owner's claim.
Foreclosure: When property owners fail to pay their mortgage, the lender can initiate foreclosure, selling the property to pay off the debt and ending the owner's ownership rights.
Condemnation: Properties may be condemned by the government due to safety, health, or zoning issues. In such cases, ownership rights may be terminated, and the property may be demolished or repurposed.
Bankruptcy: In some bankruptcy cases, a court may order the sale of a debtor's property to pay off creditors, resulting in the loss of ownership by the debtor.
Partition: When co-owners can't agree on how to use or sell a property, a court can order a partition, leading to the property's sale and the end of shared ownership.
Death and Inheritance: When a property owner dies, their ownership interest may be transferred to heirs or beneficiaries through a will or intestate succession, ending the original owner's ownership.
However, the specific circumstances and legal processes for ending ownership
rights can vary depending on the location and type of property involved.
Consulting a legal professional is advisable for complex property ownership
Written By: Md. Imran Wahab
, IPS, IGP, Provisioning, West Bengal
Email: [email protected]
, Ph no: 9836576565