Right to Property

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HomeBrud.gifLand LawBrud.gifRight to Property

Right to Property is a Fundamental Right in many countries.

Right to Property in Democratic Countries

People enjoy the property as their right with no interference from the State.

Right to Property in England

  • Somerset v Stewart (1772): An English Court ruled that slave owners could not use the right to property to enforce their ownership and that slaves could use judicial procedures such as Habeas Corpus to prevent owners from holding them against their will.

Right to Property in India

In India, Articles 19(1)(f), 31 and 300A deals with the Right to Property. Indian citizens enjoy a acquiring property as a fundamental right but with some restrictions.

  • The Supreme Court of India, dealing with Kameswar Singh vs. State of Bihar (AIR 1952 Par. 91) said that the right to acquire property also meant that the State can take property for a public purpose and by paying compensation in accordance to Eminent domain.
  • After the Rustom Cavasjee Cooper vs Union of India (AIR 1970 SC 564) case, the Government of India brought a new amendment that removed difficulties in nationalization. Hence, Article 19(1)(f) and 31 are repealed from the Constitution of India and a new article 300A was inserted.

Right to Property in Communist Countries

People has the right to acquire property. Every property belongs to the State. Starting 1999, China allowed private ownership of property.