words and phrases

P. Venu (Querist) 21 January 2010 This query is : Resolved
What is meant by "right to property in soil". Is there any judgment of the Supreme Court where the term was defined.

P.Venu

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prakash vathore (Expert) 21 January 2010
right to property is abolish by the constitutional amendment. there r two types of ownerships one is owner of land and the other is owner of the stucture. i.e. suppose a is the owner of land and b build the structure on the a's land then the b is the owner of the structure, it is also called as imla malak in mumbai.

Guest (Expert) 21 January 2010
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Raj Kumar Makkad (Expert) 21 January 2010
I do agree with prakash.

P. Venu (Querist) 22 January 2010

The replies are not fully informative. Firstly, right to property has not been abolished. It is only that right to property is no longer a Fundamental Right. But it is still a Constitutional right by virtue of Article 300A. Anyone can be deprived of proprietary right only by the due process of law.

Secondly, the owner of the land is itself a confusing term. No one can be the owner of the land in the strict of the sense of the term. Owner of a movable property has the absolute right for its possession, disposal, use and destruction.

But in respect of land, ownership relates to the ownership of the estate or rights therein. In other words, it is ownership of the property therein. This inevitably brings us to question as to the implication or indices of such ownership. What complicates the matter is that the rights of any person over the land is subject to the revenue rights of the ruler. Moreover, primary use of land is in making use of its productive capacity i.e. agriculture and related activities. Any thing else is secondary. Customary and statutory rules take care of these fundamental principles

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