2020-11-21 By GharSansar 0 Comments
Property can be movable or immovable, tangible or intangible, visible or invisible.
The law gives ownership rights to all types of property. Such a right gives the owner
the right to consume the property, to buy or sell or otherwise transfer the right or
to trade or to receive any benefit. In other words, property does not exist without tenure.
The law also provides for direct or indirect ownership and tenure of property.
We are paying various taxes including property tax, real estate tax to the government
for the enjoyment of property. Bhog and Bhogadhikar sound the same, but there is a difference
If someone finds someone's property, it is called bhog. It does not have the consent of the owner.A person has indirect possession or control over property, but he cannot use it openly.
If a person consumes any property with the consent of the legitimate owner, then in such a case the usufruct is considered to have been acquired. One can get property rights even if one has been enjoying property for a long time. For example, the rights acquired by a fisherman on the basis of land acquisition in Savik, the rights acquired by a person for a long time using a road or a sewer, etc. fall under the right of tenure.
Provision regarding ownership and tenure has been made in paragraph 2 of the Civil Code,
2074 BS. Accordingly, it has been mentioned that if any person gets the right to any property
as per the law, he is considered to be the owner of such property.
The law gives various rights to the owner of any property to consume his property.
Owners use their property, sell or otherwise transfer rights to someone, pledge or mortgage
in any way, do any business, take advantage of any kind, build any physical structure on their land, build walls or fences or demarcate boundaries. To dispose of or change the nature of any property or to protect property in any way,You have the right to take legal action in any way in relation to the use of your land or underground part or the object in it or the sky above the land, destroying or destroying it in any way, acquiring or protecting property.Article 268 of the Civil Code, 2074 BS has provided that ‘if a person possesses any property with the intention of enjoying it in accordance with the law, he shall be deemed to have the right to enjoy such property’.
Ownership can be exercised by the owner himself or through a representative. Similarly, in case of disabled or semi-disabled person, tenure can be obtained through a guardian or headmaster. If a person has a contract in relation to the prevailing law or such property, he is entitled to enjoy the right to be subject to such contract. Also, he can consume any benefit he gets from the property he is enjoying.
If the property in his possession is in accordance with the prevailing law or any agreement in respect of such property, to enjoy it uninterruptedly subject to such contract, to consume any benefit derived from the property in his possession, if the property not owned by him is used in good faith. However, while managing such property, he manages such property with the consent of the owner concerned,Essential expenses incurred for maintenance or upkeep will be reimbursed to the owner of such property. Until further notice, the former tenant will be able to keep such property with him.When a person possesses a property which is not in his possession in good faith, if he has attached any object to such property, he may uproot or remove the object which he has attached without damagingsuch property.
If the occupant renounces the property, transfers the property, completely destroys or renders the property useless, the tenure will be deemed terminated.
If a person has enjoyed such property or land as his own property or land for more than three years in the case of movable property of another person and in the case of land for more than thirty years, such property or land shall be deemed to have adverse possession. However, no matter how long you have used government, public, community or guthi land, you will not get adverse tenure.If there is a separate provision by contract or other law in respect of any property or land, it shall be the same. If a person has unfavorable tenure in any property, such person may maintain ownership of such property in his own name. However, the law stipulates that any movable property or land acquired without the knowledge of the owner, secretly or by force, shall not be deemed to have acquired the right of usury under the Act.
If a person forcibly, maliciously or secretly occupies any property, he / she will have to return the profit earned while occupying such property to the person concerned and also pay reasonable compensation for the loss caused by his / her negligence while occupying such property. The law provides that if the property of another is lost or damaged during its tenure, the occupier has to pay compensation to the person concerned for such property.
The law provides that a person who is affected by an action contrary to this Act may file a complaint within one year from the date of finding out that such action has been taken.
What are the precedents?‘The question of ownership and the question of tenure are not the same but separate issues. The enjoyment of any object applies against any person other than the real owner of the object. That is, no one other than the person who owns the property can challenge the usufruct. '' When someone else is trying to create a barrier to the property in which he has the usufruct, it must be said that the usury has been violated. '
"Unless otherwise proved in relation to the indigenous land, the bhog itself should be taken as the original evidence of ownership." The situation should be understood as a state of adverse suffering. ‘Allowing one's own land to be used for a long time even knowing that it has encroached on another's land, accepting that the real legitimate owner accepts the land for a long time even if he knows that someone has built a house on someone else's land or in some other way.Assets, whether physical or immaterial, tangible or intangible, are found to be included as movable or immovable. The house or land falls within the real estate. Movable property includes cash or cash-traded items or foreign currency, gold, silver, gems, gold and silver jewelry or precious stones, and other items that can be moved from one place to another.
Similarly, bonds, securities, pledges, bills of exchange, letters of credit or other securities or benefits derived from them, intellectual property, business reputation. These movable or immovable property cannot be illegally occupied or interfered by other persons or persons in the possession and ownership of the property. The law gives ownership and tenure rights to the owner of the property or the rich.
Although the Civil Code, 2074 BS provides for movable and immovable property, this act seems to have been made especially to resolve disputes related to real estate. Nowadays, disputes over real estate as well as movable property are likely to escalate. Banks and financial institutions have been giving loans on the security of securities like movable property.Similarly, since there can be transactions in intellectual property and commercial property these days, it seems necessary to have special provisions in the Civil
Code regarding the right of ownership and ownership of such movable property.
It is seen that there should be additional legal provisions in the Civil Code regarding ownership and ownership of bonds, securities, pledges, bills of exchange, letters of credit or other exchange bonds or benefits derived from them, intellectual property, business reputation, etc., between a businessman and another businessman, individual or organization.