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Possession as 9/10th of Ownership

B.A. / B.B.A LL.B (Integrated Law degree course)


Transfer of Property Act 1882 (IV Semester)

“Project Work”

“Possession as 9/10th of Ownership”

Submission To: Submitted By:

Dr. Sugato Mukherjee Rajat Kaushik

Faculty of Transfer of Property Act Roll no: 17RU11020

Designation: Assistant Professor Semester-IV

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Possession as 9/10th of Ownership

ACKNOWLEDGEMENT

We take this opportunity to express our humble gratitude and personal regards to Mr. Sugato
Mukherjee for inspiring me and guiding me during the course of this project work and also for
his cooperation and guidance from time to time during the course of this project work on the
topic “Possession as 9/10th of Ownership”

Date of Submission: 06-05-2019

Name of Student: Rajat Kaushik

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Possession as 9/10th of Ownership

Introduction:
Possession as 9/10th of Ownership, the topic defines that the concept of Possession is likely same
to the concept of Ownership as the possession of a particular immovable property makes the
possession holder to use and do what a owner of that property can do but there is only one thing
that he cannot do as the owner has the right to sale the property as in the case of absolute
ownership but in the case of possession the possession holder may and may not have the right to
sell the immovable property.

So from this point of view three questions were come into mind i.e.

1. Whether possession is equal to the Ownership?


2. Whether the possession gives the right to sale the property?
3. Whether mere Ownership gives the right to sale the property?

The main gist of the project is that how the ownership and possession differs and have the
contradictions in the Transfer of Property act and also the similarities between the concept of
ownership as well as possession.

Possession:
"Possession" literary means physical control over a thing or an object. It expresses the closest
relation of fact that can exist between a thing and the person, who possess it. In law, possession
means it includes not only physical control over a thing but also an intention to exercise that
physical control. Example: A has an article in his hand. In other words, he is in possession of that
article. The person who is in possession is called a 'Possessor'. In human life, consumption of
material things is very essential and it would be Impossible without the position of the material
things. Therefore the concept of possession is of utmost practical importance in human life.

Definition:-

The concept of possession is though basic and essential in human life, it is a difficult to define.
There is no fixed or precise definition of possession because it is legal as well as factual
concept. Supreme Court in Superintendent Remembrancer Legal Affairs vs Anil Kumar1, held
that it is impossible to work out a completely logical and precise definition of Possession
uniformly applicable to all situation in the context of all the statutes.

Elements of Possession

 Actual power over the object possessed. i.e. corpus possessionis and

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AIR 1980 SC 52

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Possession as 9/10th of Ownership

 Intention of the possessor to exclude any interference from others. i.e. animus
possidendi.

According to John Salmond, both corpus and animus must be present to constitute Possession.
Ownership is a legal concept whereas Possession is factual as well as legal concept.

Categories of Possession

 Possession in fact and


 Possession in law.

Possession in fact is actual or physical possession. It is physical relation to a thing. Possession in


law means possession in the eye of law. It means a possession which is recognized and protected
by law. There is sometimes a discrepancy between possession in fact and position in law,
although usually possession exists both in fact and in law in the same person. A person who is
in de facto possession of a thing also comes to have de jure possession.