Q1. What are the different kinds of property?

On what basis they

are
classified.

In India, property is classified into two broad categories - movable property and
immovable property. Movable property: Movable property refers to assets that
can be easily moved or transferred from one place to another. Examples of
movable property include vehicles, furniture, jewellery, and cash.
Property is any physical or virtual entity owned by an individual or jointly owned by a group of
individuals. One landowner has the right to do so. This has cultural, socio-political, religious, and
legal consequences, at times. It is the legal realm that institutes the patented concept.

Property rights can be classified into four distinct groups, namely (1) private property, (2) state
property, (3) common property, and (4) no property rights.

The true definition of "property" covers a wide range of concepts. Not only does this encompass monetary wealth
and other tangible things, but also intangibles like intellectual property rights, stocks, and so on. These assets, both
tangible and intangible, can be anything that generates wealth or income. Possession, control, exclusion, income,
and disposition are the most frequent types of legal property rights that an individual may have over an owned
piece of property.

As a result, property is typically defined as anything to which an individual or organization holds legal title. The only
way to enforce ownership rights is to hold legal title to the property in question. The definition, usage, and
classification of properties are discussed in this article.

Types Of Properly Under Law:

To Begin With, Firstly, Remember These Major Types Of Property:

 Movable property and Immovable property.

 Tangible property and Intangible property.
 Private property and Public property.
 Personal property and Real property.
 Corporeal property Incorporeal property.

 Movable Property:
Movable property can be moved from one place to another without causing any damage. These are the
legislations which define movable property. Section 2(9) of the Registration Act, 1908:
"Movable property" includes standing timber, growing crops and grass, fruit upon and juice in trees, and
property of every other description, except immovable property."

Section 22 of India Penal Code,1860:

"Movable property" are intended to include corporeal property of every description, except land and things
attached to the earth or permanently fastened to anything which is attached to the earth." Section 3(36) of
the General Clause Act,1897- "Movable property" shall mean the property of every description, except
immovable property."
  Immovable Property:
Immovable property is one that cannot be moved from one place to another place. This is the property
which is attached to the earth or ground. Section 2(6) of the Registration act, 1908 states that an
"Immovable property means and includes land, buildings, hereditary allowances, rights to ways, lights,
ferries, fisheries, or any other benefit to arise out of the land, and things attached to the earth or
permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor
grass."

This property of a value of more than Rs. 100/- is needed to be registered for which a registration fee and
stamp duty are to be paid. This property can be considered an ancestral joint property.

 Tangible Property
Tangible property has a physical existence and can be touched. This type of property can be moved from
one place to another, without causing any damage. From this, we can say that this property is movable in
nature. Examples: cars or other vehicles, books, timber, electronic devices, furniture, etc.

 Intangible Property:
Intangible property does not have any physical existence. These are properties with current or potential
value, but no intrinsic value of their own & cannot be touched or felt but holds value. Examples include
intellectual property like copyright, patent or GI, stock and bond certificates. Franchises, securities,
software & many more.

 Public Property:
Public property, as we can easily predict, means the property owned by the State for the Indian citizens. It
belongs to the public with no claim from an individual. The government or any assigned community
generally manages these properties for public utility. A few common examples can be Government
hospitals, parks, public toilets, etc.

 Private Property:
As the name suggests, private property permits a non-government body to own the property. It is property
owned by a juristic person for their personal use or benefit which can be of any nature tangible or
intangible, movable or immovable. Common Examples include apartments, securities, trademarks, private
wells, etc.

 Personal Property:
The personal property acts like an umbrella which includes all types of property. Individuals own this kind
of property, be it either tangible or intangible.

 Real Property:
Real property, also called real estate property, includes land and any development made on such land.
This kind of property is covered in immovable property. But why is this covered in immovable property?
See, for example, roads, mines, buildings, factories, crops, etc, which are created by development, are all
fixed with the land. This is immovable property, + any development on it, a further deliberation of
immovable property is a real property. Other examples: Building (attached to the earth) using materials like
cement, steel, mines, crops, etc.

 Corporeal Property:
Don't get confused here. Corporeal property is any tangible property that can be touched and felt. If this is
similar to tangible property, then why did a separate type of corporeal property come into existence? This
is a tangible property but it is mainly the right of ownership in material things of such property. All kinds of
tangible property can be considered corporeal property. it can be divided into two categories: movable and
immovable property and personal and real property as it is ownership rights.

 Incorporeal Property:
Incorporeal property means all kinds of intangible property. Again, then why is such a category brought up?
This type of property is also called intellectual property. It is an incorporeal right, meaning having legal
rights over things that cannot be touched or felt.

Conclusion
All of the aforesaid categories represent different kinds of property discussed in legal sources. Knowing the different
kinds of property and how to go about acquiring them in India is crucial. Land conflicts, trademark infringement
 cases, and even family disputes involving the division of property are all too common. Talking to a property lawyer
will help you understand the procedure and avoid any potential disagreements.

Introduction
The word property has not been defined in the Transfer of Property Act, 1882 (TPA) but
has been used in its widest and most generic sense. Property is a legal term to
denote every kind of interest or right which has an economic interest.
 Property is broadly classified into the following:
o Movable Property
o Immovable Property

Immovable Property
 In India, the term Immovable Property is defined in the TPA, General Clauses Act, 1897 and The Registration Act,
1908.
 Section 3 of TPA states that immoveable property does not include standing timber, growing crops or grass.
 As per Section 3(26) of the General Clauses Act, 1897, the immovable property shall include land, benefits to
arise out of land and things attached to the earth, or permanently fastened to anything to the earth.
 As per Section 2(6) of The Registration Act, 1908, immovable property includes land, buildings, hereditary
allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached
to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing
crops nor grass.
 By reading all the definitions provided in all the three acts, the term immovable property includes the following:
o Land— The land includes earth’s surface, the column of space above the surface and the ground beneath the
surface. Thus, all the objects which are on or under the surface in its nature state are included. And so, the objects
placed by human agency with the intention of permanent annexation.
o Benefits arising out of land —Every benefit arising out of immovable property and every interest in such property
is also regarded as immovable property. The examples of benefits are rent from the house, shops and jagir,
revenue from agriculture etc.
o Things attached to earth —It means three things—
(a) Things rooted in the earth, for example, trees and shrubs.
(b) Things embedded in the earth, for example, walls and buildings, etc.
(c) Things fastened for the permanent beneficial enjoyment of anything so embedded, for
example, doors, windows, ceiling fans, pegs etc.
 Immovable property includes land, benefits arising out of land, and things attached to earth, except standing
timber, growing crops and grass.

Examples of Immovable Property

 The equity of redemption
 The right of ferry
 Rights and interests of a grove-holder in a grove
 A right of way and in the of soil before separation from the earth.
 A right of easement
 A right to jagir income
 A right to use water of stream
 A factory building and the machineries annexed to land

Movable Property
 The term movable property has not been defined in TPA.
 As per Section 3(36) of the General Clauses Act, 1897, movable property shall mean property of every
description, except immovable property;

Examples of Movable Property

 Right to worship
 The right of purchaser to have lands registered in his name.
 A decree for sale of immovable property.
 Royalty
 Standing timber
 Growing crops
 Grass

Case Laws:
 In Ananda Behera v. States of Orissa (1955), it was held that the right to enter the land and carry-on fishing for
the purpose of business is also regarded as benefits arising out of land.
 In Shanta Bai v. State of Bombay (1958), the Supreme Court held that a right to enter upon the land of another
and carry a part of the produce is an instance of benefit arising out of land and therefore a grant in immovable
property.

What Is Property?
Property is a term describing anything that a person or a business has legal title over,
affording owners certain enforceable rights over said items. Examples of property,
which may be tangible or intangible, include automotive vehicles, industrial equipment,
furniture, and real estate—the last of which is often referred to as "real property."

Most properties hold current or potential monetary value and are therefore considered
to be assets. But properties can simultaneously be liabilities in some situations. Case
in point: if a customer sustains an injury on a company's property, the business owner
may be legally responsible for paying the injured party's medical bills.

KEY TAKEAWAYS

 Property is any item that a person or a business has legal title over.
 Property can be tangible items, such as houses, cars, or appliances, or it can
refer to intangible items that carry the promise of future worth, such as stock and
bond certificates.
 Intellectual property refers to ideas such as logo designs and patents.
 Property owners may also have liabilities, which is the case if a business owner
is on the hook for medical expenses resulting from a customer incurring an
injury on his company's grounds.
 The most common types of property are real, private, government-owned, and
personal property.

Understanding Property
Intangible property describes assets, such as stock and bond certificates, that
represent current or potential value but don't carry intrinsic value. While these items
are merely pieces of paper, they might represent significant amounts of money. Other
types of intangible property, such as a brand’s reputation, are more nebulous and
cannot be signified by a paper document.

Intangible properties, like design concepts, song lyrics, books, and screenplays, are
categorized as intellectual properties. Even though these are not physical in nature,
they may carry significant value. Examples of intellectual properties include Nike’s
“swoosh” logo and the chemical formula for Coca-Cola.

To enforce ownership of intangible properties, individuals and businesses typically hire

lawyers to legally protect their items from infringement.

Types of Property
Property, in the broad sense, describes anything that a person, group of people, or
entity owns. It includes real property, personal property, private property, government-
owned property, and more.

Real Property

Real property is one of the most familiar types of property. It includes land, buildings
occupying the land, and the rights to use and enjoy the land. Real property is the focal
point of real estate, which deals with transactions (e.g., buying, selling, renting, and
managing) involving land and buildings used for residential, commercial, and
agricultural use.

Just as there are various types of property, there are different types of interests in
property. Interests in real property include freehold estates and non-freehold estates.
Freehold estates are ownership interests that have no expiration and can be inherited.
Non-freehold estates, or leasehold estates, are not transferrable and have expirations;
such estates include leases and other rental agreements.

Property law stipulates how real property can be used and the manner in which it can
be legally transferred.

Personal Property

Personal property is as well known as real property but differs in that it does not
include real estate (e.g., land and buildings attached to the land). Personal property is
property that can be physically transferred and is not permanently attached to the land.
It includes clothing, automobiles, furniture, tools, and more.

Personal property also includes intangible assets, such as bank accounts, patents, and
investments. Although they are not physically moveable, rights remain with the person
or entity listed as the legal owner, making them personal property.

Private Property

Private property is any property owned by a natural person or private entity. It includes
personal, real, tangible, and intangible assets, including intellectual property. Private
property is often categorized as real or personal; however, not all real or personal
property is private property.
Private property is not open to the public nor is owned by a government. Governments
can, however, assume ownership of private property under certain circumstances,
such as eminent domain.

Government-Owned Property

Government-owned property includes all property—including real property, resources,

and other tangible and intangible assets—owned by a government body. In contrast to
private property, most government-owned properties are public. For example, libraries,
public schools, and city parks are government-owned property available to the public.

However, all government-owned property is not accessible to the public, and some
publicly-accessed property is not always available to the public. For instance, a city
park may have a curfew, after which the public cannot access it. A government-owned
property, such as a military research facility or lab, may not be accessible at all to the
public.

Sometimes private property can be escheated to a local government body, rendering it

temporarily or permanently government-owned. Also, in some cases, the private
property owner forfeits or sells their property rights to the government.

Evaluating Property Assets

When auditors, appraisers, and analysts calculate the value of a business, they factor
all of its underlying property into the equation. For example, a manufacturer of small
machine parts may gross just $80,000 per year, but if it owns the factory in which it
operates, and that building is appraised at $1 million, the overall value of the business
would be substantially higher than profits alone suggest.

Furthermore, if that same company holds a patent for a part, it has the potential to
generate substantial income by licensing the rights to manufacture that item to a larger
business, rather than producing the part in-house. In this way, licensing deals may
create lucrative revenue streams that significantly boost a company’s overall value.

2. Elucidate the development of the right to

property in India from fundamental right to
constitutional right.
Right to Property was a Fundamental Right as per the Constitution of India till an
amendment was done in 1978. This was the 44th amendment of the Constitution,
Article 31 and Article 19(1)(f) was completely removed from the Part III –
Fundamental Rights of Constitution.

The right to property ceased to be a fundamental right by the Constitution (Forty-Fourth

Amendment) Act, 1978, however, it continued to be a human right in a welfare state, and a
Constitutional right under Article 300 A of the Constitution. Article 300 A provides that no person
shall be deprived of his property save by authority of law. The State cannot dispossess a citizen of
his property except in accordance with the procedure established by law. The obligation to pay
compensation, though not expressly included in Article 300 A, can be inferred in that Article.

In other words, to forcibly dispossess a person of his private property, without following due
process of law, would be violative of a human right, as also the constitutional right under
Article 300 A of the Constitution.

This article will briefly discuss an important right – the right to private property and the associated
judgement of the Supreme court and other details in the context of the IAS Exam.

This article is significant for the Indian Polity segment of the UPSC Syllabus.

The candidates can read more relevant articles to enhance their preparation from the links provided
below:

Difference between Fundamental Rights and Directive Fundamental Rights – Articles 12-35 (Part III of
Principles of State Policy (DPSP) Indian Constitution)

Right To Constitutional Remedies (Article 32) Right to Life (Article 21) – Indian Polity Notes

25 Important Supreme Court Judgements for UPSC 42nd Amendment of Indian Constitution for
UPSC – Indian Polity

Judgement of the Supreme Court

 On January 8, a verdict was given by a Bench of Justices Ajay Rastogi and Indu Malhotra that the Right to
Property is a human right.
 The Supreme Court observed in its judgement that the State cannot take possession of a person’s private
property without following due procedure of the laws
 This verdict was given in a case where the Government of Himachal Pradesh had forcibly taken 4 acres of
private land to build a road. This incident had occurred in 1967, at a village in Hamirpur district, in Himachal
Pradesh.
 Justice Malhotra highlighted the failure of the Himachal Pradesh Government to pay compensation for 52
years, to the appellant, who was a widow and illiterate.
 Justice Malhotra empathized that the appellant had not filed any proceedings for the failure of the state
government to pay land compensation, as the appellant was from a rural background and who was not
educated enough to know her entitlements and rights given to her by the law.
 After many years, the appellant moved to the Supreme Court, initially, she had filed a case in the High
Court, but the High Court had asked to file a civil suit in the lower court, hence the Supreme Court was
approached.
 The Supreme Court observed in its judgement that the State becomes an encroacher when it grabs the
private property of a person without following due process of law.
 The Supreme Court ordered the Government to pay a compensation of Rs 1 crore to the 80-year-old
appellant.

Right to Property – Fundamental Right & 44th Amendment in

1978
  The Supreme Court observed that when the incident took place in 1967, the Right to Property was still
a Fundamental Right under Article 31.
 Article 31(2) had mentioned that only after due compensation was paid to the person by the Government,
the Government would get the right to take over private property and use it only for public purposes.
 Article 31(1) of the Constitution had made it clear that private property could not be taken by the
Government through an executive order but only through the authority of law.
 The above laws were preventing the Government from carrying out public infrastructure projects and other
agrarian reforms as people started approaching the courts during the land acquisition by the Government.
 Hence there was an amendment to the Constitution of India in 1978.
 It was the 44th amendment of the Constitution of India which declared that the Right to Property will no
longer be a Fundamental Right.
 Article 31 and Article 19(1)(f) was completely removed from Part III – Fundamental Rights of Constitution
with the help of the 44th Amendment.
 The Supreme Court reminded the State Government that the State had to follow the authority of law and
due procedure of law before taking the private property of a person. This needs to be done as per
provisions mentioned in Article 300A.

Frequently Asked Questions on Right to Private

Property
Q1

Is the Right to Property a human right?

Yes, as per a Judgement given by the Supreme Court of India, the Right to Property is a Human
Right.
Q2

Is the Right to Property a Fundamental Right?

Right to Property was a Fundamental Right as per the Constitution of India till an amendment was
done in 1978. This was the 44th amendment of the Constitution, Article 31 and Article 19(1)(f) was
completely removed from the Part III – Fundamental Rights of Constitution. This amendment was
done as the Government could not go ahead with public infrastructure projects and reforms as
people started approaching the courts to prevent the acquisition of private property.
Q3

Can the Government take over private property?

Yes, the Government can take over private property by following the due process of law and giving
adequate compensation.

3. Explain the resettlement and rehabilitation in case of land

acquisition.
 The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 is an Indian Parliament act that
regulates land acquisition and laid down rules for granting compensation,
rehabilitation and resettlement to the people affected in regions.
Land acquisition and displacement alter the social, economic, cultural and environmental
status of the affected population. The Rehabilitation and Resettlement Bill, 2007 provides
for benefits and compensation to people displaced by land acquisition purchases or any
other involuntary displacement

INTRODUCTION The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 is an Indian Parliament act that regulates land
acquisition and laid down rules for granting compensation, rehabilitation and resettlement to the
people affected in regions. The Act also has provisions to provide fair compensation to those whose
lands are taken away, bring transparency to the acquisition of land or buildings, infrastructural
projects under Public or Private Entities and ensures rehabilitation to those affected. The Act has
established regulations for land acquisition to attract India's massive industrialization sector under
the public private partnership. This Act is a replacement of 1894 Land Acquisition Act, a law
established under the British Rule. BACKGROUND OF THE ACT The Central Government believed
that public concern on land acquisition was growing and inadequate knowledge of land acquisition
in the public was heating the issue. Despite formation of the bill, many concerns were of its
amendments, as the bill was formed under the British Raj in 1894, hence mentioning of fair
compensation for acquiring private land and fair rehabilitation of land owners and those affected
by the acquisition of the land was important. The Central government believed that a combined
was necessary, one that legally explains clauses of rehabilitation and resettlement and assist the
government in acquiring the lands for public purposes. Provision of public facilities or infrastructure
often requires the exercise of legal powers by the state under the principle of eminent domain for
acquisition of private property, leading to involuntary displacement of people, depriving them of
their land, livelihood and shelter; restricting their access to traditional resource base, and uprooting
them from their sociocultural environment. These have traumatic, psychological and socio-cultural
consequences on the affected population which call for protecting their rights, in particular of the
weaker sections of the society including members of the Scheduled Castes, Scheduled Tribes,
marginal farmers and women. Involuntary displacement of people may be caused by other factors
also. There is imperative need to recognise rehabilitation and resettlement issues as intrinsic to the
development, process formulated with the active participation of the affected persons, rather than
as externally-imposed requirements. Additional benefits beyond monetary compensation have to
be provided to the families affected adversely by involuntary displacement. The plight of those who
do not have legal or recognised rights over the land on which they are critically dependent for their
subsistence is even worse. This calls for a broader concerted effort on the part of the planners to
include in the displacement, rehabilitation and resettlement process framework not only those
who directly lose land and other assets but also those who are affected by such acquisition of
assets. The displacement process often poses problems that make it difficult for the affected
persons to continue their earlier livelihood activities after resettlement. This requires a careful
assessment of the economic disadvantages and social impact of displacement. There must also be a
holistic effort aimed at improving the all round living standards of the affected people. The
Supreme Court emphasized on the need to enact a new land acquisition law. In November 2011, a
joint bench of Justice Lodha and Justice Khehar in their Judgement vehemently remarked ‘’ It has
been felt that Land Acquisition Act 1894(L.A.A 1894) does not adequately protect the interest of
owners / persons interested in the land. For years, the acquired land remains unused. To say the
least, the Act has become outdated and needs to be replaced at the earliest with fair, reasonable
and rational enactment in tune with the constitutional provisions, particularly Act 300A.’’
Undoubtedly land acquisition has remained a controversial issue in India resulting in conflicts
between social, economic and political structures. Accordingly, U.P.A(United Progressive Alliance)
government brought in the new legislation, Right to fair compensation and Transparency in land
acquisition, Rehabilitation and Resettlement Act 2013, with a view to provide for a fair deal to the
land owners who had suffered due to weak framework of the Land Acquisition Act 1894. The
R.F.C.T.L.A.R.R was passed by the Parliament on 5th September 2013 and came into force on
January 2014. The Act overrode the Colonial Land Acquisition Act (L.A.A.) 1894. The 2013 Act for
the first time, integrated Land Acquisition with Rehabilitation and Resettlement (R&R) and Social
Impact Assessment (S.I.A.). FACTORS FOR NEW LEGISLATION In India, the Land Acquisition Act
(L.A.A) 1894 had served as the basis for all government acquisition of land for public purposes. The
Government of India adopted the L.A.A 1894. The Constitution of India placed “Acquisition and
Requisitioning of Property” as entry 42 is the concurrent list. This meant that both the Centre and
State could make laws governing land acquisition. However, in case of conflict between the Central
and State Law the Central Legislation would prevail. However, the law failed to address some
important issues associated with land acquisition particularly forcible acquisitions, the definition of
“Public purpose, widespread misuse of the “Urgency” clause, compensation, and lack of
transparency in the acquisition process, participation of communities whose land was being
acquired and lack of R & R package.The Supreme Court Judgments on various occasions spelt out
divergent views in “Public Purpose”. In the State of Bombay v. R.S. Nanji, 1956, the Supreme Court
of India observed “it is impossible to precisely define the expression “Public Purpose”. In each case,
all the facts and circumstances will require to be closely examined in order to determine whether a
public purpose has been established. Prima facie, the government is the best judge as to whether
public purpose is served by using a requisition order, but is not the sole judge. The courts have the
jurisdiction and it is their duty to determine this matter whenever a question is raised whether a
requisition order is or is not for a public purpose. In Coffee Board v. Commissioner of Commercial
Taxes, 1988, The Supreme Court of India again stated “Eminent domain is an essential attribute of
sovereignty of every state and authorities are universal in support of the definition of eminent
domain as the power of the sovereign to take property for public use without the owner’s consent
upon making just compensation. SHORTCOMINGS OF THE LAND ACQUISITION Act, 1894 The
shortcomings of the Act are dealt below to have first-hand information about the developments
that lead to amend the Land Acquisition Act 1894. (a) Threat to the land owners: - The Land
Acquisition Act 1894 encouraged, forced land acquisitions. As per the Land Acquisition Act 1894
once the acquiring authority decided to acquire land, the act provides for carrying out the
acquisition without thinking for a moment about the problems, difficulties and hardships
encountered by Land owners. In a way the land losers were bulldozed forcefully, mercilessly. (b) No
Protection: - Lack of proper forum or mechanism by the Government to stall the forced land
acquisition, excepting a hearing U/s 5A where there is no scope for a discussion or negotiations to
redress the sufferers and the views expressed are not taken seriously by the officers conducting the
hearing. (c) Rehabilitation & Resettlement: - The Land Acquisition Act 1894 is absolutely silent
regarding the efforts for Rehabilitation and Resettlement of those displaced by the acquisition. (d)
Urgent Need: - This clause has become very controversial and faced stiff criticism by all sections of
the society. This clause is silent as to the true and correct definitions of urgent need and such that
the authority exercised discretionary powers without any proper and justified grounds. This
resulted in spree of land acquisitions under the guise of urgency clause in utter disregard to the
principles of natural justice and law of equity. (e) Disparity in Compensation: - Even while fixing the
rates of compensation for the land acquired no justification was made as the rates never matched
the prevailing rates which should have been more appropriate, logically correct and acceptable in
the normal course without giving any scope for arbitrariness. PURPOSE OFRFCTLAR&R ACT, 2013
The primary objective of the Act was to fair compensation, through R & R of those affected,
adequate safeguards for their well being and completes transparency in the process of land
acquisition. The most important features of the Act were: 1. The Consent of 80% land owners
concerned was needed for acquiring land for private projects and 70% land owners for public
private projects (P.P.P). 2. The term “Public Purpose” which was left vague in the Land Acquisition
Act (L.A.A) 1894 was restricted to land for strategic purposes, infrastructural projects, planned
development or improvement of village or urban sites or residential purpose for weaker section
and persons residing in areas affected by natural calamities or displaced. 3. The compensation was
increased to four times the market value in rural areas and twice the market value in urban areas.
4. R & R package for the affected families with additional benefits to the Scheduled Castes and
Scheduled Tribes families. PROCESS FLOW OFLAND ACQUISITION AND REHABILITATION
&RESETTLEMENT UNDER THE NEW ACT.  Application for Acquisition by Requiring Body 
Notification for preparation of SIA study (Section 4) ( SIA study to be completed within 6 months of
notification)  Evaluation of SIA report by Expert group within 2 months of its Constitution
(Section7) Negative recommendation of Expert group  Abandon Project (Section 7(4)) If Positive,
Recommendation (Section 7 (5)) Government to Recommend Land Acquisition (Section 8 (2)) 
Preliminary Notification (PN) to be issued within 12 months of Section 7  Recommendation for
Land Acquisition (Section 11) or SIA report will lapse (Section14)  Collector to update Land
Records (Section 12(5))  Preliminary survey of land to be carried out (Section 12)  Filing of
Objections (Section 15) within 16 days of Preliminary Notification.  Preparation of Rehabilitation
and Resettlement Scheme by ARR (Section 16)  Publication of Draft Rehabilitation and
Resettlement Scheme.  Hearing of objections (Section 15(2))  Collector to make a report and
submit to Government along with his recommendation  Public hearing on R&R Scheme  ARR to
submit Draft R&R scheme to Collector (Section 16(6))  After Review, Collector submits Draft R&R
scheme along with his suggestions to Commissioner R&R (Section 17 (2))  Publication of approved
R&R Scheme (Section 19(2))  Declaration by Government along with summary of R&R scheme
after deposit of Land Acquisition Cost by the Requiring Body (Section 19) within 12 months from
Preliminary Notification or Preliminary Notification Rescinded.  Land to be marked out, measured
and planned if not already done under Section 12 (Section 20)  Notice to Persons Interested
(Section 21)  Land Acquisition Award within 12 months of the Declaration or else Land Acquisition
Proceedings Lapses (Section 23)  Compensation and Final Award to Land Owners ( Section 27 and
Section 30)  Rehabilitation and Resettlement Award (Section 31)  Taking Possession of Acquired
Land (Section 38) PROVISIONS OF REHABILITATION AND RESETTLEMENT UNDER RFCTLAR&R ACT,
2013 Under Section 31, the Collector shall pass Rehabilitation and Resettlement Awards for each
affected family in terms of the entitlements provided in the Second Schedule.  The Rehabilitation
and Resettlement Award shall include all of the following, namely:— (a) Rehabilitation and
resettlement amount payable to the family; (b) Bank account number of the person to which the
rehabilitation and resettlement award amount is to be transferred; (c) Particulars of house site and
house to be allotted, in case of displaced families; (d) Particulars of land allotted to the displaced
families; (e)Particulars of one time subsistence allowance and transportation allowance in case of
displaced families; (f) Particulars of payment for cattle shed and petty shops; (g) Particulars of one-
time amount to artisans and small traders; (h) Details of mandatory employment to be provided to
the members of the affected families; (i) Particulars of any fishing rights that may be involved; (j)
Particulars of annuity and other entitlements to be provided; (k)Particulars of special provisions for
the Scheduled Castes and the Scheduled Tribes to be provided. Under Section 32,in every
resettlement area, the Collector shall ensure the provision of all infrastructural facilities and basic
minimum amenities specified in the Third Schedule. Under Section 35, the Collector shall have
powers to summon and enforce the attendance of witnesses and to compel the production of
documents by the same means, and in the same manner as is provided in the case of a Civil Court
under the Code of Civil Procedure, 1908 (5 of 1908). Under Section 36, the appropriate
Government may at any time before the award is made by the Collector under section 30 call for
any record of any proceedings for the purpose of satisfying itself as to the legality or propriety of
any findings or order passed or as to the regularity of such proceedings and may pass such order or
issue such direction in relation thereto as it may think fit (Provided that the appropriate
Government shall not pass or issue any order or direction prejudicial to any person without
affording such person a reasonable opportunity of being heard) Under Section 37, the Collector
declares the final award (1) The Awards shall be filed in the Collector‘s office and shall, except as
hereinafter provided, be final and conclusive evidence, as between the Collector and the persons
interested, whether they have respectively appeared before the Collector or not, of the true area
and market value of the land and the assets attached thereto, solatium so determined and the
apportionment of the compensation among the persons interested. (2) The Collector shall give
immediate notice of his awards to such of the persons interested who are not present personally or
through their representatives when the awards are made. (3) The Collector shall keep open to the
public and display a summary of the entire proceedings undertaken in a case of acquisition of land
including the amount of compensation awarded to each individual along with details of the land
finally acquired under this Act on the website created for this purpose. Under Section 38, the
Collector has the power to take possession of land to be acquired.– (1) The Collector shall take
possession of land after ensuring that full payment of compensation as well as rehabilitation and
resettlement entitlements are paid or tendered to the entitled persons within a period of three
months for the compensation and a period of six months for the monetary part of rehabilitation
and resettlement entitlements listed in the Second Schedule commencing from the date of the
award made under section 30. (2) The Collector shall be responsible for ensuring that the
rehabilitation and resettlement process is completed in all its aspects before displacing the affected
families. Under Section 39, the Collector shall not displace any family which has already been
displaced by the appropriate Government for the purpose of acquisition under the provisions of
this Act, and if so displaced, shall pay an additional compensation equivalent to that of the
compensation determined under this Act for the second or successive displacements. Under
Section 40 there are Special powers in case of urgency to acquire land in certain cases.– (1) In cases
of urgency, whenever the appropriate Government so directs, the Collector, though no such award
has been made, may, on the expiration of thirty days from the publication of the notice, take
possession of any land needed for a public purpose and such land shall thereupon vest absolutely
in the Government, free from all encumbrances. (2) The powers of the appropriate Government
under sub-section (1) shall be restricted to the minimum area required for the defence of India or
national security or for any emergencies arising out of natural calamities or any other emergency
with the approval of Parliament. Under Section 42, Reservation and other benefits available to the
Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement
area.  Whenever the affected families belonging to the Scheduled Tribes who are residing in the
Scheduled are relocated outside those areas, than, all the statutory safeguards, entitlements and
benefits being enjoyed by them shall be extended to the area to which they are resettled
regardless of whether the resettlement area is a Scheduled Area or not.  Where the community
rights have been settled under the provisions of the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the same shall be quantified in
monetary amount and be paid to the individual concerned who has been displaced due to the
acquisition of land in proportion with his share in such community rights. There are various
Institutional mechanisms for Rehabilitation &Resettlement:- • Sec. 43—Administrator for
Rehabilitation and Resettlement Formulation, ExecutionandmonitoringofR&R Plan. • Sec. 44—
Commissioner for Rehabilitation and Resettlement -Supervision of formulation, implementation of
R&R Plan and post implementation social audit in consultation with Gram Sabha. •Sec.45—
Rehabilitation and Resettlement Committee at project level (more than 100 acres) - monitor and
review R&R. •Sec. 48—50 -National Monitoring Committee at central
level&StateMonitoringCommitteeatStatelevel. BENEFITS UNDER REHABILITATION AND
RESETTLEMENT Various provisions have been made for the affected families towards their
displacement on account of land acquisitions by the governments. The following are the details: 
Houses: - All affected families are entitled to a house provided they have been residing in an area
for five years or more and have been displaced. In case of refusal to accept the house, the affected
families are offered a one-time financial grant in lieu of the same.  Employment or Annuity: - All
the affected families are given a choice of annuity or employment. 1. If employment is not
forthcoming, they are entitled to a one time grant of Rs 5, 00,000/- (Rupees Five Lakhs Only) per
family. 2. Alternatively, they will be provided with an annuity payment of Rs 2,000/- (Rupees Two
Thousand Only) per month per family for 20 years, subject to inflation. 3. Subsistence Allowance:
All affected families which are displaced from the land acquired shall be given a monthly
subsistence allowance, equivalent to Rs 3,000/- (Rupees Three Thousand Only) per month for a
period of one year from the date of the award. 4. All the affected families are also given training
and skill development along with providing employment. 5. All the affected families are given
multiple monetary benefits such as transport allowance of Rs 50,000/- (Rupees Fifty Thousand
Only) and Resettlement allowance of Rs 50,000/- (Rupees Fifty Thousand Only) 6. One-time
financial assistance: - Each affected family of an artisan, small trader or self-employed person shall
get one- time financial assistance of such amount as the appropriate government may by
notification specify subject to a minimum of Rs 25,000/-(Rupees Twenty Five Thousand Only).  In
case of acquisition of land for irrigation or hydroelectric project the Rehabilitation & Resettlement
shall be completed six months prior to submergence of the lands proposed to be acquired. 
Possession: - The Collector shall take possession of land only ensuring that full payment of
compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the
entitled persons within a period of three months for the compensation and a period of six months
for the monetary part of rehabilitation and resettlement entitlements commencing from the date
of the award. However, families will not be displaced from this land till their alternative
Rehabilitation & Resettlement sites are ready for occupation.  Time-Limits: - The components of
the Rehabilitation & Resettlement package in the Second and Third Schedules that relate to
infrastructural entitlements shall be provided within a period of 18 months from the date of the
award.  Schedule Two of the Act enlists R&R benefits for the affected families. In case of irrigation
projects, as far as possible, each affected family is proposed to be given one acre of land in the
commandarea.PersonsbelongingtoSCor STandlosingtheir landwillbeprovidedtwo and aone-
halfacresoftheland. If the land is acquired for urbanization purpose, twenty percent of the
developed land will be reserved and offered to the land losers. Mandatory employment to at least
one member per affected family. If it is not possible, then onetime payment of rupees five lakhs per
affected family or annuity policy that pays rupees two thousand per month per family for twenty
years. One time financial assistances like transportation cost, cattle shed/petty shop costs etc. 
Resettlement and Rehabilitation benefits to all affected families (in addition to compensation) R &
R Package- Choice of employment or Rs 5 lakhs or Rs 2000 per month for 20 years. One-time
Resettlement Allowance: Rs. 50,000/ Cattle shed/petty shops-Rs. 25,000/ One time grant to
artisan/traders/self employed-Rs. 25,000/ – Fishing rights in reservoir – Land for land–Irrigation
projects (as far as possible) 1 acre of land (2.5 acres for SCs/STs in command area Displaced
Families Housing in case of displacement–Rural Areas (IAY specifications); Urban areas (constructed
house not less than 50 sq.mts in plinth area/min Rs. 1,50,000) Subsistence grant for all displaced
families–Rs. 3000 per month for one year (additional Rs. 50,000/ for SCs/STs).Transportation grant
for all displaced families-Rs. 50,000/ – All monetary rehabilitation grants and benefits are adjusted
based on the Consumer Price Index. – Stamp duty/registration to be paid by the requiring body
Important R & R Benefits Important R& R Benefits  Infrastructure Facilities in Resettlement Areas
Third Schedule lists amenities/facilities to be developed in the rural areas. These include roads,
drainage, sources of safe drinking water for affected families, drinking water for cattle, grazing land,
fair price shops, Panchayat Ghars, village level post office, Burial or Crimination Ground,
Anganwadi, community centres,health centres,playgroundetc.  LA Act, 1894 empowers the
appropriate Government to acquire land under urgency provision for any public purpose U/s 17.
However, in new RFCTLAR&R Act, the urgency provision is restricted to: (a) Acquisition of land for
defence of India; or (b) National security (c) For any emergency arising out of natural calamities. An
additional 75 percent of total compensation shallbe paid which was not a provision in Old act  If
private purchase is beyond certain limits as specified by the appropriate Governments then the
R&R benefits has to be extended to the affected families. The R&R scheme has to be approved by
the Commissionerfor the R&R and No land use is change permitted if R&R is notcomplied as per the
award passed by the collector. Application to Collector has to include the purpose,particular of land
to be purchased. SHORTCOMINGS OF THE RFCTLAR&R Act The Act has a few shortcomings. First,
the meaning of “Public Purpose” which had been progressively enlarged in the existing Act to
include land for private companies remains as it is. Second, those who are the tillers of the land are
often tenants of absentee landlords who usually pocket the compensation. The same in the case
with landless cultivators in occupation of government lands, who may not get any compensation.
Third, many private companies are circumventing the mandatory “Prior Consent” clause by
deploying brokers to purchase lands in advance. CONCLUSION With rapid modernisation and
industrialisation it is inevitable for the government to dial down on new Land Acquisition projects
which requires rehabilitation and resettlement of the displaced. While resettling the displaced
families in acolony or cluster, care must be taken to restore theirlivelihood, socio-cultural identity,
cultural practices and social customs. Efforts must also be made to preserve archaeological sites/
monuments at their new place of relocation. Special attention must be paid to develop good host
and guestrelationship. Besides, civic amenities should be provided for a decent community living.
To ensure proper resettlement,a socio-cultural survey must be meticulously done in all the ongoing
Projects. The infrastructure survey ensures that the lost community infrastructures are replaced in
the newplace of relocation. To improve the quality of lives, better infrastructural facilities in the
shape of roads,electricity, drinking water, and deep bore well, ponds, schools, panchayatghar,
anganwadi centre etc. must be providedafter thorough discussion and active participation of the
displaced families. This helps to maintain cordial relationship between the displaced and the
government as well as the project proponent.

4. What are the different kinds of Mortgages? Explain.

nt Mortgage and type of mortgage is specifically and important Banking Awareness topic

and questions from the same can be asked in the General Awareness section for the various

Government Exams.
In this article, we shall discuss in detail what is a mortgage and what are its different types and also
how the questions based on this topic may be asked in the upcoming competitive exams.
An Introduction To Mortgage
Before we learn about the different types of Mortgages, let us first discuss what is a Mortgage and
what is its uses.

What is Mortgage?

When property, land or any other commodity is used as collateral to borrow money or to take a loan
from a lender, it is known as Mortgage. In simpler terms, when a person borrows money from a
lender (bank loans) and signs up an agreement where he/she gets cash in exchange for a real estate
property as a guarantee with the bank until the entire amount is repaid is called a mortgage.

A few important pointers related to Mortgage have been given below:

 The borrower and lender both are uncertain about profit/loss in case of a mortgage. The
lender is uncertain if the borrower will be able to pay the sum of money back or not and in
case the borrower is unable to pay the lender back, he shall be in complete loss of the asset
 If the borrower is not able to pay back the loan amount, the lender has full authority over the
mortgaged product
 The one who takes the loan is called a “debtor” and the one who lends money is called the
“creditor”
 Loan is a contract between the lender and borrower when one lends money and the other
borrows it at a certain rate of interest. Mortgage, on the other hand, is a type of loan in which
the real estate or property element is added as a guarantee if the mount is not retired to the
lender
Further below, we have discussed the different types of mortgages in detail for your reference.

Candidates preparing for the upcoming Government exams can refer to the below-mentioned links
and test their preparation now:

Types of Mortgages
Discussed below are the different types of mortgages:

 Simple Mortgage: In such type of mortgage, the borrower needs to sign an agreement
stating that if he/she is unable to pay back the borrowed amount in specified time duration,
then the lender can sell the property to anyone to get his money back
 Mortgage by Conditional Sale: Under such mortgage, the lender can put a certain number
of conditions which the borrower must follow in terms of repayment. These conditions may
include the sale of the property if there is a delay in the monthly instalments, an increase in
the rate of interest due to delay in repayment, etc.
 English Mortgage: In this type of mortgage, the borrower has to transfer the property in the
name of the lender at the time of taking money, at a condition that the property would be
transferred back to the borrower once the complete amount is paid back
 Fixed-Rate Mortgage: When the lender assures the borrower that the rate of interest will
remain the same throughout the loan period is called Fixed-Rate Mortgage
 Usufructuary Mortgage: This kind of mortgage gives a benefit to the lender. The lender has
the right over the property for the due course of the loan period, he can put the property on
rent or use it for other purposes until the repayment of the amount. But the main rights lie
with the owner himself
 Anomalous Mortgage: A combination of different types of mortgages is called an
Anomalous Mortgage
 Reverse Mortgage: In this case, the lender lends money to the borrower on a monthly basis.
The entire loan amount is divided into instalments and the lender gives the borrower that
money in instalments
 Equitable Mortgage: In this type of mortgage, the title deeds of the property are given to the
lender. This is a common phenomenon in the banking mortgage loans. It is done to secure the
property
Aspirants must go through the above mentioned different types of mortgages and prepare
accordingly for the upcoming Government exams.

A few other related links have been given below:

Different Types of Mortgages – Sample Questions

A few sample questions based on the types of mortgages have been given below based on the format
followed by the various competitive exams.

Q 1. Under which of the mortgages, the lender gives money to the borrower in the form of
instalments?

1. Reverse mortgage
 2. Anomalous mortgage
3. Equitable mortgage
4. Usufructuary mortgage
5. Lend Back mortgage
Answer: (1) Reverse mortgage

Q 2. A man mortgaged his 2 BHK flat to a money lender in return of a sum of money and the lender
decided to let the flat on rent. This is an example of which type of mortgage?

1. Equitable Mortgage
2. Usufructuary Mortgage
3. English Mortgage
4. Fixed Rate Mortgage
5. None of the above
Answer: (2) Usufructuary Mortgage

Q 3. The one who mortgages his/her property is also known as _______

1. Mortgagee
2. Lender
3. Creditor
4. Debtor
5. None of the above
Answer: (4) Debtor

Q 4. If the lender sells the mortgaged property if the borrower is unable to repay the loan by the
decided date, this type of mortgage is called _________

1. English Mortgage
2. Simple Mortgage
3. Sale Mortgage
4. Mortgage by Conditional Sale
5. Anomalous Mortgage
Answer: (2) Simple Mortgage

Types of Mortgage Loans

A mortgage loan is a secured loan where an applicant borrows a certain amount of money by
mortgaging property. Hence, mortgage loans are also known as loans against property. Read ahead
to know more about the various types of mortgage loans.
Different Types of Mortgage loans

There are 6 types of mortgage loans in India, based on the nature of contract between the lender and
borrower. They are described below –
Simple Mortgage
What are the Different Kinds of
Mortgages in India?
February 05, 2021

A mortgage is a type of home loan in which the lender provides a property loan against
the mortgage of the property itself. This gives them the right to acquire and sell the
property if the borrower defaults on the repayment or violates the set terms and
conditions otherwise.

But it does have different types of mortgage in it. And it is important to know what the
types of mortgages are and what the actual meaning is.

This will help you make wise decisions and also to choose the right kind of mortgage.

There are six common types of mortgages in India:

1. Simple Mortgage
In this, the possession of the mortgaged property is not delivered to the mortgagee*.
However, the mortgagor^ legally binds themselves to repay the mortgage money, in
return for which the mortgagee agrees to have them the right to sell off the property to
earn their money back in case they fail to repay.

Note: (* – the party which is granting a mortgage), (^ – the receiver of a mortgage)

2. English Mortgage
In this, the mortgagor agrees to repay the mortgage money by a certain date and then
transfer the property to the mortgagee. The mortgagee, on the other hand, agrees to
retransfer the property back to the mortgagor once they have paid the mortgage money
as per the terms and conditions.

3. Usufructuary Mortgage
In this, the mortgagor grants the possession of the property to the mortgagee until the
repayment of mortgage money and allows them to receive the profits earned from it (in
the form of rent, etc.). In return, the mortgagee agrees to appropriate the same instead
of interest or in payment of the mortgage-money.

4. Mortgage by Deposit of Title Deeds

In this mortgage, the mortgagee provides their documents of title to the immovable
property to the mortgagor, with intent to create security on the same.

5. Mortgage by Conditional Sale

A mortgage by conditional sale is when the mortgagor sells the property to the
mortgagee on the condition that the sale will become absolute if there is a default of
repayment. Also, on the repayment of the money, the sale will become void and the
mortgagee will transfer the property back to the mortgagor.

6. Anomalous Mortgage
A mortgage that doesn’t come under any of the above-mentioned mortgage types is an
Anomalous Mortgage.

This is one of the most popular mortgages in India. These points will make it clearer -

 The borrower mortgages his/her immovable asset to avail a loan

 The property does not get transferred to the lender
 The lender has the right to sell the mortgaged property in case the borrower fails to repay the
loan on time
 On the occasion of sale of the property, after the bank takes the principle and the interest, the
balance needs to be transferred to the owner
  This kind of mortgage is registered with the government, and is also known as a registered
mortgage

English Mortgage

The following points will explain the English Mortgage in detail -

 In this case, the ownership of the mortgaged property is transferred to the lender
 The lender is entitled to take possession of the mortgaged property in case the buyer fails to
repay the loan amount by the decided date
 In this duration, the borrower is allowed to either rent the property or occupy it
 Once the payment has been completed, the lender is supposed to retransfer the possession to
the borrower

Mortgage By Title Deed Deposit

This is also referred to as the Equity Mortgage, and it is one of the two most popular ones in India.
These points will explain it better -

 In this case, the borrower transfers the documents or the title deed of the property to the
lender in order to avail a loan.
 The intent is to create a security as it becomes easier for the lender to recover their money.

Mortgage By Conditional Sale

Here are some points that will explain this type of mortgage in detail -

 The borrower sells the property to the lender on some conditions, which is referred to as a
mortgage conditional sale
 If the borrower is unable to pay the amount that he owes, the sale will become absolute
 If the borrower successfully pays the loan, the sale will become void
 The fact that it is a mortgage sale is to be mentioned clearly in the mortgage deed so that it is
not confused with a normal conditional sale

Usufructuary Mortgage

If you are searching for ‘usufructuary mortgage meaning’, it is important to iterate that this type
of mortgage is not used in India commonly. It can be explained through these pointers -

 In this case, the borrower transfers or promises to transfer the possession of the mortgage to
the lender
 The possession is supposed to stay with the lender until the borrower returns the money that
he owes
 The lender can receive the rents and profits in lieu of the interest or the mortgage-money
 Once the payment is completed, the possession will be transferred back to the
owner/borrower

Anomalous Mortgage
This is a type of mortgage that cannot be classified under any of the previous five types. If a
mortgage deed is too customized, and uses points from one or more of the five types of standard
mortgages, it is referred to as an Anomalous Mortgage.
Difference Between Simple Mortgage and Equitable Mortgage

These two mortgages are the most commonly used in India. Let us look at the differences between
them using this simple table -

Simple / Registered Mortgage Equitable Mortgage

The title deed and property documents do not It is essential to submit the title deed and
need to be submitted to the lender property documents to the lender

The loan agreement happens between the lender

The loan agreement is signed just between
and the borrower, but it is also registered at the
the lender and the borrower
sub-registrar’s office

After the dues have been paid, the lender issues After the dues have been paid, the lender
a Memorandum of Release of Mortgage, which simply hands over all the property
again needs to be registered at the sub- documents to the borrower and issues a No
registrar’s office Dues Certificate