Short Notes on Inheritability of Proprietary and Personal Rights

The sum total of a man’s valuable assets constitutes his propri­etary rights. Death of the person, the holder of proprietary rights, has only the effect of alienating those rights to his successors. It does not extinguish the rights by destroying them.

Personal rights are uninhabitable as they constitute his status as opposed to his estate. Personal rights are so akin to personality of the person in whom they are vested that they die with the person so concoct.

Citizenship and honours constitute a person’s status and are his personal rights as contrasted with his estate. There are, however, exceptions to the general rule where personal rights may not die or extinguish with the death of a person, e.g., in the case of hereditary titles, dukedom, lordship, etc., or in the case of political and other privileges (watan or inam prop­erty).

Proprietary rights are usually inheritable. There are however, exceptions, in this case also to the general rule. A lease may be for the life of the lessee instead of for a fixed term of years. In joint ownership the right of him who dies first is wholly destroyed and the survivor acquires an exclusive title by the right of survivorship.

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