In our courts of justice in India around 60% of cases or disputes are property-related. This big statistic shows us the importance of knowing your right to property. Whether you’re a homeowner or an aspiring investor, knowing your property rights helps you to safeguard what you own and confidently navigate legal issues. Do you also know that in India, the idea of property rights has changed in unique ways through the years?
This blog is the one guide to tell you everything related to the Right to Property in India, a fundamental right in India, that entitles you to own and use that property. We will go into its evolution and explore the key aspects like transfer and ownership along with understanding how property rights function in the legal landscape.
Table of Contents:
- History of Property Rights
- The Evolution of the Right to Property
- What is Article 17 right to property?
- What is the Article 31 right to property?
- Why was the right to property removed as the fundamental right?
- Why is Understanding the Right to Property Important?’
- Key Aspects of Property Rights
- Example of Right to Property in Action
- The Supreme Court on Right to Property
- How is the Right to Property Different Now?
- Procedural Sub-Rights under the Right to Property
- Empowering Yourself Through Knowledge
- Conclusion
History of Property Rights
The right to property became a basic right in the Indian Constitution in 1950, under Article 31. This meant that the government could not take private property without following proper processes and offering fair compensation. However, this has not always been so.
The Evolution of the Right to Property
- Pre-Independence Era
The property rights before independence were governed by customary procedures plus laws and religious practices. While some level of protection was there at that time, it was not uniformly available.
- The Constitution of 1950
The addition of Articles 17 and 31 marked a substantial shift. Article 17 outlawed inequality and guaranteed equal property rights to all people, regardless of any caste. Article 31, earlier stated, declared the right to property to be a fundamental right.
- The Turning Point: The 44th Amendment Act (1978)
This amendment made a massive change. When Article 31 was amended, and the right to property was not considered anymore, it later became a constitutional right under Article 300A.
- Why this Change?
The shift was primarily meant to enable the government to finish development projects more quickly. Some saw earlier criteria of showing “public purpose” and settling “fair compensation” as an obstacle to acquiring private land.
Also Read: How to Calculate the Market Value of Property
What is Article 17 right to property?
Everyone has the right to own their property legally and the use of that and dispose of it or further leave it for others. This asset can’t be obtained from the property owner and further only in situations that are allowed by law with the right payment for property rate compensation. Statutes can restrict the use of property until or as long as it’s going to be for public use.
What is the Article 31 right to property?
The rights for property are covered under Article 31 of the Indian constitution, which is renowned for requiring any kind of property purchase. No type of authority can further restrict the citizens of the country from possessing property/properties, according to Article 31. This rule has an exception though. Any property that’s kept for the use of the public is provided for compensation provided by the government of India.
Further, there are 3 different subclauses under Article 31. These sub-clauses are 31A, 31B as well as 31C. This somewhat contradicts the fundamental rights, the main article along with its sections remain the same.
Also Read: What is a Title Deed of Property?
Why was the right to property removed as the fundamental right?
The right to property was removed as a fundamental right in India through the 44th Amendment Act of 1978. This decision was taken to ensure that the government could undertake land reforms and redistribute land more effectively to address social and economic inequalities.
By making the right to property a constitutional right rather than a fundamental right, the government gained the flexibility to acquire property for public purposes, such as infrastructure development and urban planning, without facing stringent legal challenges.
While the government must follow a legal procedure for acquiring any type of property, the amended Article 300A of the Indian Constitution ensures that property cannot be taken away without the authority of law. However, even though the concept of “fair compensation” is clearly mentioned in this article, disputes can still arise regarding the adequacy of the compensation offered to property owners.
Why is Understanding the Right to Property Important?
For instance, you saved all your life by purchasing your dream property. Out of nowhere a distant relative emerges and starts claiming the ownership of your purchased land. Tricky, right? Property disputes can be draining and tiresome and impact your finances on a high level. When you know your rights, it gives you the power to:
- Protect your Investments: A complete understanding of property rights allows you to safeguard your possessions against unauthorized claims or illegal possession.
- Make Informed Decisions: Whether you’re buying or you’re selling or inheriting the property, knowledge of the rights you have gives you transactional confidence.
- Seek Legal Recourse: If your property rights have been violated, knowing the legal framework allows you to seek appropriate legal remedies.
Also Read: Documentation Needs to Buy Commercial Property in India
Key Aspects of Property Rights:
Now that we’ve reviewed the background, let’s examine the practical implications of property rights. Here are some essentials to keep in mind:
Types of Property:
Property may be classified into two categories: moveable and immovable. Movable property means anything that can be easily moved from one place to another, such as furniture, automobiles, jewels, or even cattle.
Immovable property, on the other hand, is permanently attached to a certain site and cannot be moved without negatively impacting its character. Immovable property includes land, buildings, and flats. Understanding the distinction is essential for legal considerations. For example, taxes on property rules and rights to inheritance might differ between moveable and immovable assets.
Ownership vs. Possession:
These terms are frequently used together, although they differ in legal meanings. Ownership refers to the legal right to own a property, which includes the capacity to use, sell, lease, or destroy it (within legal limits). Ownership comes with a variety of rights that give you control over when the property is used and who has access to it.
Possession, on the other hand, just means that you have physical control over the property. For example, a renter may be in possession of a rented apartment, but the title remains with the landlord. The tenant is permitted to stay in the flat for the duration of the lease, but cannot sell it or make major modifications without the landlord’s permission.
Transfer of Property
To ensure a seamless and transparent deal, specific legal processes must be followed while transferring ownership of a property. This is usually accomplished via a written agreement (selling deed or gift deed) that is recorded with the government.
The specific requirements for transferring property may differ depending on whether it is moveable or immovable, as well as the method of transfer. To guarantee a smooth transfer, consult with a lawyer who is familiar with property law in your area.
Also Read: How to Invest in Real Estate in India without Buying Property?
Example of Right to Property in Action:
Let’s take an instance, Mr. Sharma directly inherits a property i.e. a piece of land that was given to him by his parents. This inheritance goes under the right to property, allowing him to take the ownership of that land legally. He can build a house on it, sell it to a buyer, or rent it out for business purposes.
The Supreme Court on Right to Property
The Indian courts play a major part in assessing and defending property rights. The Supreme Court issued multiple major rulings that have shaped the legal interpretation of property rights. These decisions pointed out the importance of offering fair compensation when obtaining private land for public purposes.
How is the Right to Property Different Now?
While being a constitutional right rather than a fundamental right, the right to property remains an extremely important concept. Here’s what has changed:
- Focus on Public Interest: The emphasis has shifted towards balancing individual property rights with the needs related to public development projects.
- Compensation Remains Important: The government still has to pay proper compensation when acquiring private property.
Procedural Sub-Rights under the Right to Property
The following are some of the important aspects associated with Article 300A:
- Legal Authority: Property cannot be taken away without the authority of law.
- Fair Compensation: Owners must be given fair compensation for their property.
- Right to Challenge: Property owners have the right to challenge the adequacy of compensation offered.
- Public Purpose: The property can only be acquired for a public purpose.
Sub-rights under Right to Property
| Sub-rights | Definition |
|---|---|
| Right to notice | This is mandatory to inform and update individuals about the intention for acquiring their property. |
| Right to be heard | This allows affected individuals to raise their voice to object related to property. |
| Right to a reasoned decision | The govt. has to fully justify their decision of property acquisition. |
| Public Purpose Justification | The acquisitions should be required for serving a conclusive public service. |
| Right to restitution or fair compensation | Landowners have the right to get fair compensation for the property. |
| Right to an efficient and expeditious process | The procedure for acquisition of the property needs to be efficient and comply with certain defined deadlines. |
| Right to Conclusions | The procedure of ending is done with the property transfer and if the failure for receiving possession is failed, that will make the acquisition useless. |
Empowering Yourself Through Knowledge
Understanding your Right to Property enables you to safely explore the world of property-owning. This information prepares you for:
- Making Informed Decisions
Understanding your rights allows you to make intelligent choices at every level, whether you’re a first-time buyer negotiating laws, an expert investor understanding possible returns, or an inheritor going through complicated paperwork.
- Protect Your Investments
Knowing your rights offers protection against illegal claims or illegal possession. It allows you to actively protect your property’s worth and ensure its safe transition through generations.
- Seeking Legal Recourse
If your property rights have been violated, knowing the legal framework enables you to proceed with legal recourse and guarantee justice is served.
Conclusion
Property ownership usually comes along through generations. Understanding the rights you have allows you to protect your legacy and make the best possible use of your property. Remember that education is your best weapon for safeguarding your assets while establishing your proper place within the legal structure.
Well, most people don’t even know anything regarding the Right to Property. You know the data, 60% of cases in courts are related to property. All this can start due to almost no knowledge or zero knowledge problems. Knowledge is power and with this blog, you can educate others contribute to making informed choices, and have secure property ownership in India.
If you’re looking for professional guidance, consulting with the top real estate company in India can provide valuable insights and assistance. They can help you navigate property laws and ensure your rights are protected.
Have you got any questions about property rights in India? Leave a comment below to begin a discussion! When it comes to safeguarding assets, no question is too unwise.
It is advised that you seek a knowledgeable lawyer specializing in property law for particular legal advice about your property situation. A lawyer will help you negotiate the complexities of Indian property law, to guarantee your rights are safeguarded and your assets are safe.
