Professional Documents
Culture Documents
POSSESSION
Derivative mode: In this mode the owner acquires the ownership by purchasing from the original or
previous owner. The purchaser becomes the owner. It is merely a transfer of existing ownership but
not a relation of the ownership ex buyer derives ownership from seller.
Kinds of ownership:
Corporeal and incorporeal ownership: The ownership over a tangible or material object is called corporeal ownership,
actual material thing. Whereas ownership of right is called incorporeal ownership. E.g. right of way
Trust and Beneficial ownership: in a trust the relationship between the 2 owner is such that one of them is under an
obligation to use his ownership for the benefit of the other. The former is called trustee and his ownership is trust
ownership and latter is called the beneficiary and his ownership is called beneficial ownership.
Legal and Equitable ownership: The ownership which originated from the rules of common law is called legal
ownership. A assigned a debt to B. A is the legal owner and B becomes an equitable owner.
Vested and Contingent ownership: The ownership which comes into existence immediately is called vested ownership.
A transfer his property to B an unmarried daughter for life and to C, an unborn child. C's ownership is contingent because
C's birth is uncertain.
Sole and Co-ownership: An exclusive ownership of an individual as against the whole world is called sole ownership
single owner. The ownership of two or more persons having interest in the same property or thing is called co ownership.
Absolute and limited ownership: The ownership which vests all the rights over a thing to the exclusion of all is called
absolute ownership. Ownership which imposes limitations on user duration or disposal of rights of ownership is called
limited ownership.
Possession
2.Possession in law: Possession which is recognized and protected by law is called Possession in law.
It is also known as de jure possession it is a possession in the eye of law.
Elements of possession
1.Animus possidendi: Means intention to possess a thing. It deals with subjective and mental
intention to possess a thing. It deals with subjective and mental element. It denotes a strong desire
to possess a thing. Here the possessor must have strong intention to possess a thing he must have
an exclusive claim, Animus Possidendi need not be a claim or right and need not be a own claim
and it need not be specified.
Types of Possession
Corporal and incorporeal possession: The possession of a material object is called corporeal possession. Actual
use or control over such material object is not necessary e.g. possession of car. The Possession of other than a
material object is called incorporeal possession. Actual use and enjoyment of right is necessary.
Immediate and Mediate Possession: The direct or primary possession of a material object is called immediate
possession. The possessor holds thing personally without any intermediary e.g. possession of a car owner .Indirect
or secondary possession of a material object is called mediate possession the possessor of a material object is
called mediate possession. The possessor holds the thing on behalf of another. E.g. possession of a car driver.
Representative Possession: The Possession of a thing through an agent or a servant is called Representative
Possession. The representative is not the real possessor e.g. master's money in the servant pocket.
Concurrent Possession: Two or more persons may jointly possess a thing at the same time. This
is known as Concurrent possession e.g. B may have right of way on the A land.
Derivative Possession: The possession of the holder of a thing is called Derivative possession. He
derives title from the person who entrusts the thing. e.g. a watch repairer. He need not return the
watch until the repair charges are paid.
Constructive possession: The possession in law is called constructive possession. It is not an
actual possession. It is a possession in law and not a possession in fact. Possession of keys of a car
implies the possession of car.
Adverse possession: The possession against every other person having or claiming to have a
right to the possession of that property is called adverse possession. It is a possession of a thing
without the permission of its real owner. Lessee possession after expiry of lease period.
Duplicate possession: The possession of a thing by two persons is called Duplicate possession.
The possession of one person is compatible with the possession of another person. It is possible
only when two claims are not mutually adverse.
Distinction between Ownership and Possession
Ownership Possession