Table of Contents
- Definition of Ownership
- Characteristics of Ownership
- History of Ownership
- Gandhian Concept of Ownership
- Kinds of Ownership
- Possession and Ownership
- Difference Between Ownership and Possession
Definition of Ownership
In Roman law, the term ownership was termed as ‘dominum’. Ownership of a property gives the absolute right over a property.
It means that a person has the exclusive right over the property. The term ownership was used in English law for the first time in the year 1583.
Hibbert’s View on Ownership
According to Hibbert, ownership includes four kinds of rights:
- Right to use a thing
- Right to exclude others from using the thing
- Right of disposing the thing
- Right to destroy
Austin’s Theory of Ownership
Austin defines ownership as a right which can be availed against everyone subject to law.
According to him, ownership is a right in rem which is available to the owner against the whole world.
He gives three key attributes to ownership:
- Indefinite User: It means that the owner of the property can use it indefinitely.
He can use or misuse it, but whatever he does must be within the ambit of law and not exceed it. - Unrestricted Disposition: The owner of the property has the right to dispose of the property in any way he likes.
- Unlimited Duration: The right to ownership, according to Austin, is unlimited in nature.
Characteristics of Ownership
- Ownership of a property may either be absolute or restricted. For example, sometimes there are co-owners of a property; in such a case the ownership of each owner is restricted.
- An owner of property cannot use his property in a way which is injurious to others.
- An owner of property has the right to possess the thing which he actually owns.
- The right to ownership does not end after death. It just gets transferred to the heirs of the deceased person.
History of Ownership
The right to ownership was widely recognized under Ancient Indian Law. Various classical texts and commentaries such as Narada, Yajnavalkya, and Vyas extensively discuss the concept of ownership.
Interestingly, during those times, the focus on property was not driven by greed or individualistic motives, but by ethical and societal responsibilities. Ownership was regarded as a tool to fulfill one’s dharma (duty), not merely a symbol of wealth or status. Seven modes of acquiring property in ancient India aew:
- 🧬 Inheritance
- 🎁 Gain
- 💰 Purchase
- ⚔️ Conquest
- 📈 Investment of Wealth
- 🛠️ Employment
- 🎀 Acceptance of Gifts
View of Manu on Ownership
According to Manu, only the property of the king or the state could be lawfully acquired through conquest. However, the king had no right to seize the private property of an individual. Manu further believed that if there existed a piece of land or property that was unknown or unclaimed by anyone, the first person to acquire or make use of it would be recognized as its rightful owner.
Gandhian Concept of Ownership
Mahatma Gandhi offered a deeply moral and societal reinterpretation of ownership. He believed that ownership should not serve personal gain, but should be a means of benefiting society as a whole.
In Gandhi’s view, the true owner of property is not the individual who possesses it, but the community that is affected by its use. Therefore, the owner is merely a trustee—someone who holds property on behalf of society.
“A trustee has no absolute rights, only duties toward the well-being of others.” – Gandhian Principle
This noble idea is rooted in the Vedic tradition, where the right to ownership was viewed
as a sacred duty rather than a privilege. According to this view, material wealth should uplift humanity, not just enrich the individual.
Thus, Gandhi reimagined ownership as a tool for social responsibility—a philosophy
that remains profoundly relevant in today’s world of widening economic inequalities.
Kinds of Ownership
- Corporeal ownership- It refers to the ownership of tangible things—things that have a physical existence like land, books, or buildings.
- Incorporeal ownership- It involves intangible things such as copyrights, patents, trademarks, and goodwill. It’s often described as the ownership of rights.
- Sole ownership- It refers to the ownership which exists when a property is owned entirely by one person, who exercises full rights over it.
- Co-ownership- It refers to the ownership which arises when two or more people share ownership rights in a property. Each co-owner may have equal or specific shares in the property.
- Trust ownership- It is the kind of ownership where one person (called a trustee) holds the property on behalf of another (called a beneficiary). The trustee has legal ownership, while the beneficiary holds beneficial ownership.
- Absolute ownership- It gives the owner complete and unrestricted rights to use, sell, or modify the property.
- Limited ownership- It means the owner’s rights are restricted by law or agreement. They may not be able to fully exploit or transfer the property.
- Equitable ownership- It refers to ownership that arises under the principles of equity. It is not legal ownership, but it grants certain rights recognized by courts of equity.
Possession and Ownership
Possession can be defined as external evidence of ownership. People generally think of possession and ownership as synonymous, yet they are not. The person in possession of things does not need to establish his ownership, but the one who claims ownership must disprove it. Salmond believes that the concepts of possession and ownership are essentially the same. A person in possession of items may also own them. However, there are some exceptions to this notion, including copyright, goodwill, and trademarks.
The relationship between the two is complementary, yet hierarchical. Ownership usually implies the right to possess, although possession does not always imply ownership. A tenant, for example, possesses an apartment during the lease period, but the landlord retains ownership. Ownership is a broader, more permanent position, whereas possession is more dynamic and can be transferred without affecting ownership. This distinction is critical in a variety of legal contexts, including property disputes, where proving ownership is generally more important than demonstrating possession.
Difference Between Ownership and Possession
| Basis | Ownership | Possession |
|---|---|---|
| Definition | Legal right or title over property, granting full control. | Physical control or custody of property, regardless of legal rights. |
| Legal Status | It confers legal status | It does not confer any legal status |
| Requirement | Does not require physical control | It requires physical control |
| Rights Included | Right to transfer, sell, use etc. | Right to use or control but are limited to owner’s rights |
References:
- Studies in Jurisprudence and Legal Theory by Dr. N.V. Pranjape
- Jurisprudence and Legal Theory by Dr. V.D. Mahajan
