The position of the Right to Property in India has evolved over time. Originally, it was a Fundamental Right guaranteed by the Constitution of India. However, the 44th Amendment Act of 1978 removed it as a Fundamental Right and instead made it a legal right available to all persons, including non-citizens. This means that any person, regardless of their citizenship status, can now acquire and hold property in India, subject to certain legal restrictions.

The Right to Property is now included in Article 300A of the Constitution, which provides for protection of property rights as a legal right. It states that no person shall be deprived of their property except by authority of law. This means that any government action to acquire or take away property must be done in accordance with the law and after providing just and fair compensation to the owner.

Therefore, currently, the Right to Property in India is a legal right available to any person, and not a Fundamental Right.