legal concept of possession

Ltd., 1999. It is factual as well as a legal concept.

Another way to prevent getting this page in the future is to use Privacy Pass. The possessor may not be the owner of the property, he may exercise the duty on behalf of the owner. interference with its possession. those things and were not prepared to allow outsiders to interfere with them. It is in fact, what ownership is in right enforceable at law to or over the thing. Your IP: 171.244.22.228

out of ten points of law, meaning that there is a presumption that the possessor and is called as compossessio in Roman Law. element in the de facto security of the enjoyment of a thing. The court held that the plaintiff had the right to possession over the boat.5. Nenadich, 689 F.Supp. Relation of possessor to the thing possessed- The possessor must have the physical power to ensure his exclusive use of the thing he possesses. For example, a person sells a

With respect to land and chattel, possession may well have started as a physical fact, but possession today is often an abstraction. Possession in law refers to the possession of a thing as recognized in the eyes of law.

De jure possession is a possession that is legally recognized but it may or may not exist in reality. The literal meaning of possession is to have physical control over something materialistic. And from a humble beginning, the concept began to grow and now much Even in the case of B. Gangadhar v. B.R. Even if a person is making the claim on someone else’s behalf, he is nevertheless in true possession of the thing. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. A person is said to be in possession of a thing when there is a reasonable apprehension on the part of others to not to interfere with his right to use of the thing.

The concept of possession is very in every situation and time to time according to the circumstances of the case and nature of society. which are connected with it or accessory to it. Possession acquired through an agent or servant; Possession held through a borrower or hirer to tenant, where the res,

proving that he is not the owner is on the persons who affirms that he is not It is legal as well as a factual concept, which makes it difficult to define. thing must prove their title or better possessory right. is in fact what ownership is in right. For example, a person is in possession of the money which he

Several jurists have defined the term ‘possession’ differently, some of the As A is the owner of the property so he has possession over property and B is taken care the property as a result even though he is not an owner but he has physical control over the property.

[1] Let us have a look at some of the definitions prescribed by notable jurists.

The protection afforded by the possession of other things- the possession of a house may confer possession of chattels inside it. Many important legal consequences flow from the concept of possession. There are two essential elements of possession. Traditio Brevi Manu- it is the giving up of possession to someone who

Possession, in fact, refers to the physical possession of a thing. Freeman, ed.). Even the Roman law recognizes the difference between these two.

Rajalingam2, while explaining the relation between possession and ownership, the Supreme Court of India stated that possession is the external form in which claims normally manifest themselves.

2019), [4] Subodh Asthana, Concept and Theories of Possession in Jurisprudence, ipleaders, (March 30, 2020, 11.31 AM), https://blog.ipleaders.in/theory-possession-jurisprudence/, [6] Prof. S. N. Dhyani, Jurisprudence Indian legal theory, 325,326 (5th ed.

Jura in re aliena is also known as encumbrances. Rajalingam stated, possession is the external form in

to prevent others from interfering in his

Then the custody of my property in the hand of my servant. [1] Superintendent Remembrancer Legal Affairs v. Anil Kumar, AIR 1980 SC 52.

and his personal presence though commonly present together, but it is not Thus, there exists possession in fact but not possession in law. possession.

Mere intention to exercise the physical control and to exclude others from it is enough to constitute possession in fact.

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Possession is different from ownership but normally possession and ownership lie together.

It must be coupled with an intention to exercise such physical control and to exclude others from it.

keep a thing for his own use but on behalf of another person. It is called mediate possession. Here not only A has the possession but also B has the possession. Corporeal possession is the possession of the objects which are tangible in nature like buildings, land. It is impossible to define the concept so as to cover all the legal scenarios and situations in which it may apply.

The basic function of Parliament is to make laws. Incorporeal possession is the possession of the objects which are intangible in nature like copyrights. Possession can be broadly divided into two categories- possession in fact and possession in law. But movable property can be moved from one place to another with the help of a person and that includes chattels, ornaments.

In the real sense, obtaining possession is easily more than defining the concept the possession[4].

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Immediate possession is direct possession.

Your email address will not be published. confers possession of things that are on or under it. For example, a person who goes for walk leaving his the pledgee is bound to return the goods pledged when the debt is paid.".

2) Proprietary rights: it means land, chattels, debts are included in property but not right to life and reputation are included. wrongful as well, like in case of a thief who is in possession of stolen

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