Chapter 1

Introduction

Right of citizen to own property was recognised in India long before anywhere else in history. Yajanavalkya's 'Ancient Hindu Law and Judicature' refers to various such rights. As per various experts, Yajanavlkya is the most accurate Dharma Sastra or Code of Conduct in respect of ancient Hindu Laws. It is reconed as first among the all like Manu's and Narada's. According to Yajanavalkaya, these were some of the ancient laws in respect of property:

"23. In all disputes where property is concerned, the last act is of greater force; except in [cases of] pledge, gift, and sale, when the first act is of greater force.

24. If one see his land in the possession of another and say nothing, it is lost after twenty years; moveables after ten years:

25. excepting pledges, boundary-limits, deposits with specification, property of idiots and children, deposits without specification, property of the monarch, of women, and of those learned in the Vedas.

26. One who appropriates a pledge, etc., shall be compelled to restore to the owner his property, and to pay a fine of equal value, or according to his means, to the monarch.

27. Acquisition by title is stronger than possession, unless this has come down from ancestors; but acquisition by title is of no avail without possession for a short time.

28. If one holding by title have it questioned [in a Court of justice], he must establish it by proof: but not so his son, nor his son's son; in their case, possession is of greater weight.

29. If one whose title is questioned die [pending the suit[78]], his heir must establish it by proof; in such case possession without title will not avail.

30. Those appointed by the monarch, communities, guilds, and families, have authority, one after the other, to investigate law-suits among men.

31. The monarch shall annul decisions of suits which have been brought about by force or fraud; also those made by women, those made at night, those made in private chambers, those made in a place beyond the limits, and those made by enemies.

32. A suit instituted by one intoxicated, or insane, or stricken with disease, or given up to vice, or a minor, or one under the influence of fear, etc., or one having no interest, is invalid.

33. When lost property is found, it shall be restored by the monarch to the owner: if the claimant fail to identify by some sign, he shall pay an equivalent fine.

34. If the monarch find a treasure, he shall give half of it to the twice-born. If, on the other hand, a twice-born [find a treasure], he shall, if learned, take the whole, for he is lord of all.

35. Of treasure found by any one else, the monarch shall take a sixth. If the finder do not make report, but [his discovery] comes to light, he shall surrender [what he has found], and shall, besides, be punished.

36. Stolen property, however, is to be given up by the monarch to the subject; seeing that, if he do not give it, he shall bear all the sin of that person from whom [it is stolen].

37. Where there is a pledge, the interest, month by month, shall be an eightieth part; otherwise, two, three, four or five parts, in a hundred, according to the order of cast.

38. They however who travel in forests[96] give ten parts; they who go to sea, twenty parts, in a hundred. Or, all must render to all, of whatever cast, the rate of interest settled amongst themselves."

The above formed the core principles of right to property.