Description
LexisNexis Butterworths Darashaw J Vakil'S Commentaries On The Transfer Of Property Act (2 Volume Set) by Justice M L Singhal
A man's right in property has no value until it is protected by the State/Legislation. It is a trite saying that the property can be earned/acquired only under the protection of the State. Indeed the property is that to which the law gives recognition. However, property rights cannot be absolute. Right to property requires social recognition. One has no inherent right to appropriate any commodity irrespective of social recognition. In early times, even property in 'slaves' was recognised but with the abolition of slavery system no such claim could be advanced on any supposed theory of rights. As such without social recognition, there is no right to property even over one's own person. Property and its recognition depend on social recognition. Legal concepts of what is property have varied from time to time and place to place. What may be property in one legal system may not be so according to another legal system, in as much as the law may fail to provide that the particular assertion deserves to be recognized or protected by law. This is due to the differences in the social order in which the legal system operates and the state of juristic thinking in that particular country.