Jurisprudence Law: Ownership

Define Ownership.  Discuss the various kinds of ownership.
INTRODUCTION:  Ownership is linked with possession.  Possession is the first stage of ownership. It means for ownership possession is necessary. Possession and ownership both are two sides of the same coin and one cannot exist without the other. Ownership  gives the full right over the thing. Ownership is ultimate and final right for disposing the property.  It meansto transfer that property in any way.  Ownership is a relation ship between the person and the thing. For ownership there must be a thing and the owner of thing.  The concept of ownershipwas absent in the ancient society.  There was also no concept of possession too.  Slowly and slowly as the society developed the concept  of possession also developed.  Theidea of ownership came into existence.  So this way after the progress of the concept of ownership the person became the full owner of his property.
DEFIN ITION :-
Before to define the ownership we have to discuss the various kinds of law:-Roman Law :- As evident from history that the Roman Law was the first law in the world. It is considered the ancient law.  All concepts of law begin from the period of Roman society. Under the Roman Law the concept of ownership is defined in the form of dominion that means to have the right control of a thing.  The concept of ownership developedin the form of a right over the thing.  Dominion is distinguishedfrom possession.  Possession means to have possession over a thing but dominos means to have a right over the thing

VIEWS OF MODERN & Western JURISTS
The western jurists like Austin, Holland and Salmond defined the concept of ownership.Austin :- According to him ownership is the relationship which exists in between the person and the thing.”   Austin says that in ownership a person has the following relations with the thing.    1.Indefinite Use :- It means to use that thing in any way whether to use it for agriculture or for industry, residence but there is a restriction that one cannot use one’s property in such a way which destructive in the living of others.2.Un-restricted power of dispose:- Means to transfer that thing or property according to his choice.  He can sale or to mortgage even to give on lease or gift to anybody.
3.Un-limited duration of time :- means the right of transfer of hisproperty will remain always in the name of owner.  After his death it will go to his heirs so there is no time limits.
4.Domination :- It means to have control over the thing.  For this purpose both elements of possession corpus and animus should be there.  If the conditions are there between person and the thing and then the person is owner of that thing.According to Holland: He definedthe ownership as a plenary control of a person over a thing. The definition also contains the following conditions :-
1.Possession   
2.  Enjoyment   
  3.   Disposal.
According to Salmond :- Salmond defines ownership as a relationship between person andthe right.  Right means to have a thing under possession. Thing always represents physical objects. But right always represents a thing which is not inphysical existence like copy rightand allowances are always thing which are called property. And which are not in physical existence.Salmond has included all those right which are property in the concept of ownership. In view of the above it is learnt that Austin and Holland definitions are not complete. But salmond is completely perfect in his definition.

KINDS OF OWNERSHIP
There are various kinds of ownership which are as under :-
1. Corporal and Incorporeal ownership: Corporeal  and incorporeal ownership also called material and immaterial ownership. Corporeal ownership is the ownership of a material object and incorporeal ownership is the ownership of a right. Ownership of a house, a table or a machine is corporeal ownership.  Ownership of copyright a patent or a trade mark is incorporeal ownership.
2. Sole and co-ownership:-  The general principal of ownership is that vested in one person only. But some times it vested in many persons in other words two or more person have the right of ownership. If only one person have right of ownership that known as sole ownership and where two or more persons have the right of ownership then know as co-ownership.
3. Vested and contingent ownership:- Ownership is either vested or contingent it is vested ownership when the title of the owner is already perfect. It is contingent ownership when the title of the ownership is yet imperfect.4. Absolute and Limited ownership:- means owner is one in whom are vested all the rights over a thing to the exclusion of all or when a person has an absolute right over his property known as absolute ownership.When there are limitations on theuser duration or disposal of rights of ownership the ownership is limited ownership.5. Legal and Equitable ownership:- Legal ownership is that which has its origin in the rules of common law.  Equitable ownership is that which proceeds from the rules of equity. Legal right may be enforced in rem but equitable rights are enforced in personam.

CONCLUSIONThe ownership is a relationship between person and the right. These rights include the right of possession enjoyment and disposal of the property. If all conditions are there then it is called Ownership.