Title English Jurisprudence question No 10..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 10: Define Ownership. Write down different characteristics, and modes of Acquisition of Ownership. Also explain its kinds in detail? (This question is from 9th topic of the Outline). 1. INTRODUCTION: Ownership is like a connection between a person and something they own. It can be a physical thing, like a bike or a house, or it can be a right, like owning a piece of music you wrote. This idea is important both in the law and in how we interact with each other in society. When people started realizing that certain things belonged to them and not to others, the idea of ownership
began. It's like when you say "This is mine" or "That is yours." It's about understanding who has the right to use or control something. 2. INTERPRETATION OF TERM OWNERSHIP: • According to Oxford Dictionary: “The exclusive right to use, possess, and dispose of property.” 3. DEFINITION OF OWNERSHIP: • According to Salmond: “Ownership denotes the relation between a person and right that is vest in him.” • According to Austin: “A plenary control over an object.” 4. ELEMENTS OF OWNERSHIP: Following are the most important elements of Ownership. • Right to use (Utendi): Ownership means you have the right to use your property however you want. If you own something, you can decide how it's used. • Right to possess (Possidendi): One of the most important element of the ownership is that the owner must be in the possession of the property owned by him. • Right to dispose of (Dispodendi): One of the important element is that the owner must have a right to transfer and convey the property to other as he wishes. • Nemo dat quad Non habet: This is a latin maxim which means that no one can transfer a better title than he himself possess.
5. CHARACTERISTICS/FEATURES OF OWNERSHIP: • Only a person can claim ownership: Ownership can only vest in a person. It is a relation between a person and thing. And all the rights related to that thing are to be vested in him. • Indefinite in point of user: The concept of ownership is indefinite in point of user the owner of a thing is at liberty to use the thing as he wishes to and he is under no obligation but the others are duty bound not to use that thing in the same manners as the owner do. • Unrestricted in point of disposition: The ownership is unrestricted in point of disposition, and an owner can dispose of or alienate his property whenever he wishes to do so in his life time or by will after his death. • Indeterminate in duration: An owner can use or possess a thing or property for an indeterminate period of time on the other hand a mere possessor of thing may have the property or thing for only determinate period of time. • Right to possess: An owner has the right to own the thing which he owns this isn’t matter whether he has actual control over the thing or not. i.e If the Mobile phone of “X” is stolen by “B” now B has the possession of the thing but A will remain be the owner of the Mobile phone. • Right to consume, Alienate, or destroy the thing:
An owner has all the rights regarding a thing or property to consume it alienate or destroy it in any any manner whatsoever. • Right to use, exhaust, and enjoy the thing: One of the characteristic feature of ownership is that it provides the owner all the rights regarding using, enjoying or exhausting the thing or the property i.e how it can be used and right to income from that thing or property etc. 6. MODES OF ACQUISITION OF OWNERSHIP: Ownership can be acquired by long term continuous and undisputed possession of a thing or property. Basically there are two main modes of the acquisition of the ownership. • Derivative Mode. • Original Mode. 7. KINDS OF ORIGINAL MODE OF ACQUISITION OF OWNERSHIP: Following are the main kinds of the original mode of acquisition of ownership. • Absolute: Ownership is absolute when the same thing is acquired over previously ownership object. When there will be no owner the first occupier will become the owner. Such ownership normally acquired in the case of birds, fishes in the river, wild animals etc, and this case the physical control of that thing is necessary. • Extinctive: The mode of acquiring the ownership will be extinctive when the previous person is finished on account of adverse possession by the acquire.