Land vs Property: What is the difference between land and property? What does the Indian law say?
It is often heard that there is a dispute over land and property. But have you ever thought that land and property are two different things, not one? Very few people would have thought about this. According to Indian law, these are two different concepts, but they are related to each other. Let us know what is the meaning of both of these in Indian law and when is it appropriate to use which word.
First, let us talk about land. As the name suggests, it can be one or more pieces of land. Land is a physical property, which is located at a particular place. It is an immovable property, whose geography, size, and boundary are clearly determined. Land can include farms, gardens, residential land, commercial land, etc. Land can be owned by a person or an organization. It can be bought, sold, and can also be leased.
Now comes the matter of property. It is called property or asset in English. Property is broader than land. Property can include land, movable assets (such as vehicles, jewelry, bank balances, shares, etc.), and immovable assets (such as land, buildings, houses, apartments, etc.). Property can include any physical asset that a person owns.
According to Indian law?
In Indian law, various types of properties come under property. These properties are mainly divided into two categories.
1. Immovable Property: Land and buildings built on it (such as houses, apartments, shops, commercial complexes, etc.). The land is owned and can be bought, sold, and rented. Immovable property can also include other properties such as water reservoirs, parks, forest land, etc.
2. Movable Property: This includes vehicles, bank balances, jewellery, cash, shares, bonds, goods, etc. Movable property is property that can change location, such as vehicles, machinery, or other personal belongings.
Property Management and Ownership
There are various legal systems to govern the management and ownership of property in India. Indian Property Law is one of them. The second is the Hindu Succession Act, and the third is Muslim Personal Law. Apart from this, there are also Revenue Law Land Acquisition Law, and Property Act 1993. Let us also know about these five.
1. Indian Property Law: Indian Property Law comes under the Indian Property Act 1882, which regulates the transfer of immovable property and other property-related matters. Apart from this, the Indian Penal Code (IPC) and the Indian Contract Act (Indian Contract Act, 1872) also regulate property transactions and other legal aspects.
2. Hindu Succession Act, 1956: This law applies to the distribution of property in Hindu families. It lays down rules related to property ownership and succession.
3. Muslim Personal Law: Sharia law applies to the Muslim community regarding property ownership and division, which determines property rights.
4. Revenue Laws and Land Acquisition Laws: The Land Acquisition Act and other related laws apply to the ownership of land and its acquisition for government purposes.
5. The Transfer of Property Act, 1882: This law regulates the transfer, sale, renting, leasing, and other related matters of property.
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