Name: Swati thory

BA.LL.B - Year 5th Sem 9th

Roll Number: A-86

Subject: Infrastructure and Development

Question 1). Explain the concept of Ownership and Possession.
Answer:
I). Ownership
According to Austin ownership means a right, which avails against everyone who is subject
to the law conferring the right to put thing to user of indefinite nature. It is right in rem
which is available to the owner against the world at large. It includes ownership over both
corporeal and incorporeal things. The former refers to physical objects and the latter refers
to all claims. According to Hebert ownership is a comprehensive right in rem. It is a bundle
of four rights.
1. Right to use a thing.
2. Right to exclude others from using the thing.
3. Right to dispose of the thing.
4. Right to destroy the thing.

According to Holland, ownership is a plenary control over an object. Salmond the relation
between a person and any right that is vested and an object forming the subject matter of
his ownership. Ownership denotes the relation between a person and right that is vested in
him. Nothing can be owned except the right over a thing. In other words, a thing cannot be
owned but a right over such thing can be owned.

Therefore, owning a right is called ownership:

1. Owner can use in many ways or indefinite in point of user.
2. Owner has right of transfer or unrestricted in point of disposition.
3. Ownership is permanent or unlimited in point of duration.

Modes of acquisition of ownership:

Ownership is acquired in two ways:
1. Original mode: In this mode the owner acquires the ownership over the owner less
objects. They are called res nullis. Such object belonged to no one. It may be
acquired by means of accession, occupation and specification.
 2. Derivative mode: In this mode the owner acquires the ownership by purchasing from
the original or previous owner. The purchaser becomes the owner. It is merely a
transfer of existing ownership but not a relation of the ownership ex buyer derives
ownership from seller.

Kinds of ownership
1. Corporeal and incorporeal ownership: The ownership over a tangible or material object is
called corporeal ownership
2. Trust and Beneficial ownership: The ownership of a trustee is called trust ownership
3. Legal and Equitable ownership: The ownership which originated from the rules of
common law is called legal ownership. A assigned a debt to B. A is the legal owner and B
becomes an equitable owner.
4. Vested and Contingent ownership: The ownership which comes into existence
immediately is called vested ownership. A transfer his property to B an unmarried daughter
for life and to C, an unborn make child. C's ownership is contingent because C's birth is
uncertain.
5. Sole and Co-ownership: An exclusive ownership of an individual as against the whole
world is called sole ownership single owner. The ownership of two or more persons having
interest in the same property or thing is called co ownership.
6. Absolute and limited ownership: The ownership which vests all the rights over a thing to
the exclusion of all is called absolute ownership. Ownership which imposes limitations on
user duration or disposal of rights of ownership is called limited ownership.

Case Law: Merry v. Green (1847) 7 M & W 623

Facts

In this case, the plaintiff purchased a table in an auction and found the purse in one of its
drawers. Subsequently, he discovered that there was some money in the secret drawer
belonging to the vendor but he appropriated the same. 

Issue

Whose purse was it? Whether the plaintiff will take it or has the right to keep it?
It was believed that it was not of the plaintiff but the seller because during the process of
transfer the element of intention for that purse was missing. The intention to sell that purse
was not of the seller and the buying of that purse was not of the purchaser.

Held

The court held him guilty of larceny (theft) because the purchaser was ignorant about the
existence of money and the secret drawer hence, he cannot be said to have possession
concerning that money and could not intend to possess the contents of the secret drawer
until he found it.

II). Possession

Possession means custody or control. The idea of ownership developed slowly with the
growth of civilization.

According to Salmond, possession establishes the relationship between men and the
material things. It is a mere fact. According to Pollock possession is a physical control over a
thing. According to Savigny possession is the physical power of exclusion. Protection of
possession is a branch of protection to the person. Freedom of will is the ground for the
protection of possession.

According to Ihering, possession is de facto exercise of a claim over a thing. According to

Roman law possession is a prima facie evidence of ownership. It supports the title of
ownership. The possessor of a thing is presumed to be the owner. Long enjoyment of a
property creates ownership.

Kinds of Possession

Possession in fact: The actual or physical possession of a thing is called Possession in fact.
Also known as de facto possession. It indicates physical control of a person over a thing.
There may be a physical relation with the object and the person. That physical relation or
control need not be continuous.

Possession in law: Possession which is recognized and protected by law is called Possession
in law. It is also known as de jure possession it is a possession in the eye of law.

Elements of possession
Animus possidendi: Means intention to possess a thing. It deals with subjective and mental
intention to possess a thing. It deals with subjective and mental element. It denotes a strong
desire to possess a thing. Here the possessor must have strong intention to possess a thing
he must have an exclusive claim, Animus Possidendi need not be a claim or right and need
not be an own claim and it need not be specified.

Corpus possessionis: Corpus Possession is means physical possession of a thing it deals with
objective element. According to Savigny the actual physical control over a thing is called
corpus possessionis. The physical control gives to an assumption that others will not
interfere with it. Possessor must present personally and physically possess. The possession
of a thing extends to accessories too. Possession includes protection and secrecy of thing.

Acquisition of possession

- By taking.

- By delivery.

- By operation of law.

Types of Possession

Corporal and incorporeal possession: The possession of a material object is called corporeal
possession. Actual use or control over such material object is not necessary e.g. possession
of car. The Possession of other than a material object is called incorporeal possession.
Actual use and enjoyment of right is necessary.

Immediate and Mediate Possession: The direct or primary possession of a material object is
called immediate possession. The possessor holds thing personally without any intermediary
e.g. possession of a car owner.

Indirect or secondary possession of a material object is called mediate possession the

possessor of a material object is called mediate possession. The possessor holds the thing
on behalf of another. E.g. possession of a car driver.

Representative Possession: The Possession of a thing through an agent or a servant is called

Representative Possession. The representative is not the real possessor e.g. master's money
in the servant pocket.

Concurrent Possession: Two or more persons may jointly possess a thing at the same time.
This is known as Concurrent possession e.g. B may have right of way on the A land.
Derivative Possession: The possession of the holder of a thing is called Derivative
possession. He derives title from the person who entrusts the thing. e.g. a watch repairer.
He need not return the watch until the repair charges are paid.

Constructive possession: The possession in law is called constructive possession. It is not an

actual possession. It is a possession in law and not a possession in fact. Possession of keys of
a car implies the possession of car.

Adverse possession: The possession against every other person having or claiming to have a
right to the possession of that property is called adverse possession. It is a possession of a
thing without the permission of its real owner. Lessee possession after expiry of lease
period.

Duplicate possession: The possession of a thing by two persons is called Duplicate

possession. The possession of one person is compatible with the possession of another
person. It is possible only when two claims are not mutually adverse.

Difference between possession and ownership

According to Ihering: Possession is a de-facto exercise of the claim whereas ownership is the
de-jure recognition of the claim.

According to Salmond: A person is the owner of a thing when his claim receives protection
and recognition from the law but possession may be exercised and realized without such
recognition or protection from the law.

The owner is the only one whose claim(right) is protected and recognized by law.

Sometimes there is illegal possession like mesne profit (the person has to pay it back with
interest). Possession may not be protected and recognized by law.
Question 2). “Housing as one of the basic needs and is essential for security and comfort”.
Comment and explain various housing policies.

Answer:

Housing is the basic necessity of every human being along with food and water. Everyone
needs home i.e shelter to have proper rest in his own feasible way and feel comfortable and
live a convenient life.

Housing has unique economic, psychological, and symbolic significance. It has a pervasive

impact on quality of life beyond just the provision of shelter. Safe, affordable, non-transient
housing is the key that opens the door to meeting other basic needs

History of Housing Policies in India

Housing policies of the Government of India have come a long way since the 1950s. While at
the start of “planned development” the policies were more welfare centric, later on these
came to be driven by a well-defined constellation of economic interests. At the same time,
the role of the government has also changed gradually from being a provider of housing to
being merely a facilitator of housing activity.
For an easier understanding it divides the period since 1950s into four phases:
• The first phase roughly comprises of the first two decades, when the initial policies were
taking shape and the government was trying to address the problems of all sections of
society.
• The second phase is roughly the period from the early 1970s to mid-1980s; in this period,
the government accepted that it cannot serve all the sections of society and hence started
focusing only on weaker sections (WS) .
• The third phase is roughly the period from the mid-1980s to early 2000s. In this period,
neoliberal policies made their way into the discourse and its focus changed from physical
provision of housing to its financing.
• The last phase refers to the last 10-12 years. In this period, the government has
definitively adopted the role of facilitator. It is now promoting the participation of private
sector in housing activities for all the sections of society, while itself taking a backseat in all
these activities.
National Housing Policy (NHP)
In view of various problems faced in relation to housing in independent India, it became
necessary for the government to come out with a comprehensive national policy that clearly
spelt out priorities for promoting a sustained development of housing. The National Housing
Policy emphasised in its preamble that housing is not only a commodity but also a
productive investment.

Objectives
• To assist all people, and in particular the houseless, the inadequately housed and the
vulnerable sections and to secure for themselves affordable shelter through access to
developed land, building materials, finance and technology;
• To create an enabling environment for housing activity by various sections by eliminating
constraints, and by developing an efficient and equitable system for the delivery of housing
inputs;
• To expand the provision of infrastructure facilities in rural and urban areas in order to
improve the environment of human settlements, increase the access of poorer households
to basic services, and to increase the supply of developed land for housing;
• To undertake, within the overall context of policies for poverty alleviation and
employment, steps for improving the housing situation of the poorest sections and
vulnerable groups by direct initiative and financial support of the State.
• To promote a more equal distribution of land and houses in urban and rural areas, and to
curb speculation in land and housing in consonance with macroeconomic policies for
efficient and equitable growth.

Goals
(1) To motivate and help all people and in particular the houseless and the inadequately
housed, to secure for themselves affordable shelter through access to land, materials,
technology and finance.
(2) To improve the environment of human settlements with a view to raise the quality of life
through the provision of drinking water, sanitation and other basic services.
(3) The policy envisages priority for promoting access to shelter for the houseless and
disadvantaged groups such as Scheduled Castes.

National Housing and Habitat Policy, 1998

To facilitate construction of 20 lakh dwelling units each year with more emphasis on the
poor. Out of 20 lakh additional houses, 7 lakh houses would be constructed in urban areas
while remaining 13 lakhs in rural areas.
• HUDCO is expected to meet more than 55 per cent of the target i.e. 4 lakh units and
balance 3 lakh units per year will be met by other housing financial institutions recognized
by the National Housing Bank, Corporate Sector and Co-operatives

National Urban Housing & Habitat Policy (NUHHP), 2007

The National Urban Housing & Habitat Policy 2007 (NUHHP-2007) has been formulated
keeping in view the changing socio-economic parameters of the urban areas and growing
requirement of shelter and related infrastructure.
The Policy seeks to promote various types of public-private partnerships for realizing the
goal of “Affordable Housing for All” with special emphasis on the urban poor. Given the
magnitude of the housing shortage and budgetary constraints of both the Central and State
Governments, the NUHHP-2007 focuses the spotlight on multiple stake-holders namely, the
Private Sector, the Cooperative Sector, the Industrial Sector for labour housing and the
Services/ Institutional Sector for employee housing.

Model State Affordable Housing Policy (2015)

The National Housing and Habitat Policy (NUHHP), 2007, with a mandate of providing
“Affordable Housing to All”, envisaged that the States would prepare a State Urban Housing
and Habitat Policy and also a State Urban Housing & Habitat Action Plan. The policy
empowers the States to include passing of specific Acts by the States to achieve the housing
policy objectives through institutional, legal & regulatory reforms, fiscal concessions,
financial sector reforms and innovations in the area of resource mobilization for housing and
related infrastructure development including promotion of cost effective building materials
and technologies at the State level.

Draft National Urban Rental Housing Policy (2015)

Urban housing shortage in India, estimated to be 18.78 million during the 12th Plan period
with consequent increases resulting in increase in urbanization in future years, is an area of
concern. Historically housing policy/programmatic interventions have been oriented
towards home ownership, nevertheless, providing housing to all on ownership basis has
proved challenging. Growing family needs had resulted in overcrowding and slum like
situations due to lack of alternatives such as rental housing and absence of rental housing
frameworks in the Country. In order to address these issues, the Ministry of Housing and
Urban Poverty Alleviation has come up with the Draft National Urban Rental Housing Policy
(NURHP), 2015. The vision of the Draft Policy is ‘to create a vibrant, sustainable and inclusive
rental housing market in India.
THE RAJIV AWAS YOJANA PROJECT (RAY)
• The RAY programme aims at creating a slum free India. It was launched in 2011 in two
phases. The “preparatory phase” ended in 2013. The “implementation phase” was
sanctioned for action from 2013 to 2022. The two major objectives of RAY can be summed
up as follows:
• Legal recognition of slums and bringing them into the formal system.
• Redress the failures of the formal system The RAY comprises of a series of guidelines that
govern the many aspects of the program, right from the policy measures to be taken to the
way in which these measures must be implemented. For our study, we shall focus only on
the policy measures proposed by this scheme.

“Housing for All 2022”

The policies which have been envisaged by the governments over the years have been some
modification of “Housing for All 2022” (HFA) policy (MoHUPA, 2015 that has currently been
introduced. The HFA policy envisages providing, according to the President’s Speech, “every
family with a pucca house with water connection, toilet facilities, 24x7 electricity supply and
access”.

Pradhan Mantri Awas YojanaHousing for All (Urban)

The Mission is being implemented during 2015-2022 and provides central assistance to
Urban Local Bodies (ULBs) and other implementing agencies through States/UTs for:
• In-situ Rehabilitation of existing slum dwellers using land as a resource
• Credit Linked Subsidy
• Affordable Housing in Partnership
• Subsidy for beneficiary-led individual houses construction/enhancement.
Question 3). What is Power of Attorney in detail.
Answer).
Power of Attorney is a legal document executed by one or more persons giving an authority
to one or more persons to act on his or her behalf. Power of Attorney is governed by the
Powers of Attorney Act, 1888. The person giving authority is called the attorney of the party
giving the authority. The person receiving powers is called Power of Attorney holder.

Definition of Power of Attorney

In Blacks dictionary it is described as the instrument by which a person is authorized to act
as an agent of the granting it. It is pertinent to mention here a person need not be a lawyer
to hold a Power of Attorney as an agent for someone else. In Strouds judicial dictionary
"power of attorney is defined extensively as an authority whereby one is set in the stead or
place of another to act for him"
Power of Attorney is a document of agency whereby the principal appoints an agent to do
and execute certain acts or deeds on his behalf. Various can be found in different
enactments like according to the Bombay Stamp Act it is defined as "any instrument
empowering a person to act for and in the name of the person executing it and includes an
instrument by which a person a not being a legal practitioner is authorized to appear on
behalf of any party in proceedings before any court tribunal or authority"

The Indian Stamps Act defines it "any instrument empowering any specified person to act
for and in the name of the person executing it"
Despite there is a specific act pertaining to Power of attorney but it is a very precise and
brief one, the basic principles of these document are governed by the law of agency as
provided for in the Indian Contract Act. A power of attorney may be of two types-
1) General
2) Specific-
The test to determine under which category a given document falls is as to what is the
subject matter in respect of which power is given and if it is restricted to some specific
matter it is specific else it is general.
Construction of a power of attorney
There are two main rules in construing a power of attorney
1) The operative part of the deed is controlled by the recitals wherever there is any
ambiguity
2) Where authority is given to do particular acts followed by general words the general
words are restricted to what is necessary for the performance of the particular acts

Kinds of Power of Attorney

Every act performed by the agent within the authority of the Power of Attorney is legally
binding upon the persons granting it. A power of attorney must be given only to a
trustworthy person, and only when it is absolutely necessary. The person who empowers is
the Principal and the person to whom the power is conferred is the Agent.

There are two kinds of power of attorney:

General Power of Attorney
1. The principal empowers the agent with the right to carry out all legal acts on his behalf
without restricting it to a particular transaction or act,
2. Gives the agent very broad powers to act on behalf of the Principal
Special Power of Attorney
1. The authority is restricted to act only on certain matters or only a particular kind of
transaction or to carry out a specific legal transaction for the Principal.
2. The agent's power of attorney expires on the completion of the transaction

Some illustrations of legal aspects containing in the Power of Attorney

Contracts, Agreements
1. To enter into contacts,
2. Perform any contract, agreement, writing, or thing
3. To make, sign, execute, and deliver, acknowledge any contract, agreement,

The Power of Attorney in Real Estate Field

1. To sell, exchange, lease, collect rents, grant, bargain, or borrow and mortgage.
2. To execute all deeds, bonds, contracts, mortgages, notes, checks, drafts, money orders;
3. To manage, compromise, settle, and adjust all matters relating to real estate;

Bank Accounts, Certificates of Deposit, Money Market Accounts

1. To add to or withdraw any amounts from any of my bank accounts, Certificates of
Deposit, Money Market Accounts, etc.
2. To make, execute, endorse, accept and deliver any and all cheques and drafts
3. Execute or release such deeds of trust or other security agreements as may be necessary
4. Deposit and withdraw funds Acquire and redeem certificates of deposit, in banks, savings
and loan

Tax Returns, Insurance and Other Documents

1. To file, sign all tax returns, insurance forms and any other documents
2. To represent in all matters concerning the foregoing.

Stocks, Bonds, And Securities

1. To sell any and all shares of stocks, bonds, or other securities
2. To make, execute, and deliver any assignment, or assignments, of any such shares of
stock, bonds, or other securities.

Revocation of Power of Attorney

Power of Attorney can be revoked in the following cases, in case of :
1. Revoked by the principal himself
2. The principal dies or becomes insane or becomes bankrupt
3. The business for which the agent was appointed is over
4. Mutually agreed upon by the principal and agent
5. The right under the power of attorney is renounced by the agent

Revocation of General Power of Attorney

According to the Judicial perception, under the following circumstances, the power of
attorney can be revoked.
If the power given to the attorney is coupled with an interest it is irrevocable.
To decide whether a given power is coupled with interest or not regards are to be given to
the facts of each case and the wordings of the instrument itself.
The right of an agent to remuneration though stipulated in the form of property to be
produced by exercise of power is not an interest in the required sense.
If the power is irrevocable as per the test laid down the parties are nevertheless free to
make it revocable by an express stipulation to the contrary.
If the power is revocable than the parties cannot make it irrevocable merely by writing that
the instrument is irrevocable.
A power of attorney is automatically terminated if - One of the parties to the instrument
dies or becomes insane, the principal becomes insolvent or bankrupt, or any specific
condition in the instrument is breached.