india ownership
Who will get the possession of the property in this case?
<p>Two children are fighting over the possession of a flute.</p>
<ol>
<li>A has made the flute</li>
<li>B is simply very poor and has no other
toys to play.</li>
</ol>
<p>In this case, who will get the possession of the flute - A or B?</p>
<p>As per <a href="https://plato.stanford.edu/entries/locke/" rel="nofollow noreferrer">John Locke</a>, in his 2 Treatise of Government has written the <em>one who has created the thing will own that thing</em>. However, he has also said that <em>&quot;one can only take as much possession of property as would ensure that everyone else also has enough common property&quot;</em></p>
<p>Though I believe that A should get the flute because he has created it. However, considering the land re-distribution in India, the second one is also right.</p>
<p>Hence, who should get the flute?</p>

<h2>A</h2>
<p><strong>Probably.</strong></p>
<p>Exceptions include:</p>
<ul>
<li>A didn’t own the materials from which the flute was made; the flute belongs to the material’s owner.</li>
<li>A made the flute under a contract of employment; the flute belongs to A’s employer.</li>
<li>A has sold the flute before making it; the flute belongs to the buyer.</li>
</ul>
<p>This is not only the law in <a href="/questions/tagged/india" class="post-tag" title="show questions tagged &#39;india&#39;" rel="tag">india</a> but pretty much everywhere in the world.</p>
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