A Comparative Study on Ownership and Possession in the Context of Sale

  • Pratik Kumar Mohanty and Sanskruti Panigrahi
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  • Pratik Kumar Mohanty

    Student at KIIT School of Law, Bhubaneswar, India

  • Sanskruti Panigrahi

    Student at KIIT School of Law, Bhubaneswar, India

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Abstract

The Transfer of Property Act, of 1882, a cornerstone of Indian property law, is subjected to a rigorous examination in this research study. By probing the Act's provisions and the caveat emptor principle, this research endeavors to expose the intricate mechanisms of ownership and its profound impact on various aspects of property transactions. This study strives to provide a nuanced understanding of the complex ownership landscape, revealing the subtle yet significant consequences of this pivotal concept. This research highlights the inherent tensions between autonomy and accountability by critically examining the dynamic interplay between the owner, property, and law. This study explores the intricacies of ownership rights, such as possession, use, and disposal, and their link to the caveat emptor principle by looking at the triadic connection. This paper offers a thorough examination of the complex ownership environment, highlighting the tensions and conflicts that result from the interaction of legal frameworks and individual rights. Using a mixed-methods approach, this study skillfully combines the empirical breadth of field-based research with the methodical analysis of doctrinal research. A thorough analysis of sources, such as legislation and case law, is placed in the context of a more comprehensive evaluation of secondary sources, which include academic journals and professional opinion. By combining the strengths of both doctrinal and empirical research, this holistic method facilitates a thorough comprehension of the research topics and generates a rich and nuanced interpretation. This study paper also examines the primary distinction between possession and ownership. It contains illustrations and case law of the subject topic for easier comprehension. Through a rigorous examination of property law, this research seeks to illuminate the conceptual boundaries between ownership and possession, exploring the subtleties and intricacies that distinguish these two related yet distinct concepts.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 715 - 728

DOI: https://doij.org/10.10000/IJLMH.118294

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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