TABLE OF CONTENTS

Osmania syllabus- PAPER-IV: land laws...................................................................................2

Land Law a general overview................................................................................................. 3
Land Law an Introduction.................................................................................................... 3
Kinds of Property................................................................................................................. 4
Jura in re aliena................................................................................................................ 4
Jura in re propria............................................................................................................... 4

OSMANIA SYLLABUS- PAPER-IV: LAND LAWS

Unit-I:
Classification of lands Ownership of Land Absolute and limited ownership
(tenancy, lease etc.) Doctrine of Eminent Domain Doctrine of Escheat Doctrine of Bona Vacantia Maintenance of land records and issue of Pattas and
Title Deeds etc.
Unit-II:
Law Reforms before and after independence Zamindari Settlement Ryotwari
Settlement Mahalwari System Intermediaries Constitutional Provisions
Abolition of Zamindaries, Jagirs and Inams Tenancy Laws Conferment of
ownership on tenants/Ryots.
Unit-III:
Laws relating to acquisition of property Land Acquisition Act of 1894 (Issue of
notifications, Award enquiry, Payment of compensation & Reference to civil courts
etc.) The Land Acquisition and Requisition Act.
Unit-IV:
Laws relating to Ceiling on Land Holdings A.P. Land Reforms (Ceiling on
Agricultural Holdings) Act, 1973 Effect of inclusion in the IX Schedule of the
Constitution Interpretation of Directive Principles of State Policy The Urban
Land (Ceiling on Holdings) Act, 1976.
Unit-V:
Laws relating to alienation A.P. Scheduled Areas Land Transfer Regulation 1959
A.P. Assigned Lands (Prohibition of Transfers) Act, 1977-Resumption of Lands to the
Transferor/Government - A.P. Land Grabbing (Prohibition) Act.
Suggested Readings:
1 .P. Rama Reddi and P. Srinivasa Reddy : Land Reform Laws in A.P., Asia Law House. 5th Ed.
Hyderabad.

2. P.S. Narayana: Manual of Revenue Laws in A.P., Gogia Law Agency, 6th Ed. 1999, Hyderabad.
3. Land Grabbing Laws in A.P., Asia Law House, 3rd Ed. 2001, Hyderabad.
4. G.B. Reddy: Land Laws in A.P., Gogia Law Agency, Hyderabad, 1st Edition,
2001.

LAND LAW
L AND L AW A GENERAL OVERVIEW

The Following Acts are part of the Fourth Semester of Osmania University Course of Study.
1.
2.
3.
4.
5.
6.

Land Acquisition Act of 1894

A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973
The Urban Land (Ceiling on Holdings) Act, 1976.
A.P. Scheduled Areas Land Transfer Regulation 1959
A.P. Assigned Lands (Prohibition of Transfers) Act, 1977
Resumption of Lands to the Transferor/Government - A.P. Land Grabbing (Prohibition)
Act

LAND LAW AN INTRODUCTION

Land Law is the form of law that deals with the rights to use, alienate, or exclude others
from land.
Property is defined as the control by man over things or an appropriation of certain objects
recognized by the society. Possessing property means having a 'right' and 'ownership' over
it. Land is the primary property known to man since the beginning of the civilization.
Jurisprudents proposed various theories and kinds of Property, each of which give a different
definition for the concept of property. Property can be acquired in many forms.
EMINENT DOMAIN says that a citizen holds his property subject always to the right of the
sovereign to take it for a public purpose.
ESCHEAT is reversion of land to State on failure of heirs of the owner or on his outlawry.
BONA VACANTIA are goods without an apparent owner in which no one claims a property
belongs to the State.
Right to own property is dealt in Article 17 of the Universal Declaration of Human Rights,
1948. It says, everyone has right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property. Right to Property is considered a
Fundamental Right in many countries.
Right to Property in India
In India, Articles 19(1)(f), 31 and 300A deals with the Right to Property. Indian citizens enjoy
an 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.

Possessing property includes the right to use and enjoyment by the owner without any
interference from others. Ownership and property are inter-dependent. A man's property is
all that is his, in law. Various Theories of Property are proposed in an attempt to define the
term 'property'. Further, properties are divided into various kinds

KINDS OF PROPERTY
Property is of two kinds:

Jura in re aliena

Jura in re propria

JURA IN RE ALIENA

Jura in re aliena means 'Right over other property'.

These are also known as Encumbrances
These are right in rem over a res (thing) owned by another.
The right runs with the things encumbered.
These are incorporeal property
This includes Leases, Servitudes, Securities etc.

JURA IN RE PROPRIA

Jura in re propria means 'Right over the property'.

These are rights of ownership in one's own property as are not exercised over
material objects.
These can be in material things or immaterial things
Material things such as lands, chattals etc.
Immaterial things such as Patents, Copyrights, Trademarks, Designs etc. and material
things such as Lands, chattels etc.