Ownership and Possession

Possession

“Possession” abstract methods physical power over a thing or an item. It communicates the nearest connection of actuality that can exist between a thing and the individual, who has it. In law, possession implies it incorporates physical command over a thing as well as an expectation to practice that physical control. Example: A has an article in his grasp. As such, he is in possession of that article. The individual who is in possession is known as a ‘Possessor’. In human life, utilization of material things is basic and it would be impossible without the situation of the material things. Accordingly, the idea of possession is of most extreme commonsense significance in human life.

Possession in law perceives the privilege to possession of an individual regardless of whether he isn’t in physical possession of the article. Ownership, then again, is simply legitimate.

Ownership

Ownership alludes to the connection that an individual has with an article that he possesses. It is a total of the apparent multitude of rights that he has with respect to the said object. These rights are in rem, that is, they can be upheld against the entire world and an extraordinary explicit individual. The idea of ownership streams from that of ownership. In the crude social orders, there was no thought of ownership. The main idea that they related to was that of ownership. It was simply after they began settling somewhere around building homes and developing area that they built up the possibility of ownership.

According to Austin, ownership refers to “a right indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration.”

Nature

Possession is basically the connection of an individual with an item according to society. Prior to any critical lawful improvement in the territory, possession was possibly supposed to be available when an individual was in physical contact and contact and control of the thing and had an aim to ensure his restrictive option to utilize the article. The legitimate strategy embraced by different states prompted the characterization of possession into possession actually and possession in law. Possession in law perceives the privilege to possession of an individual regardless of whether he isn’t in physical possession of the item. Ownership, then again, is a simply legitimate idea.

In this way, the idea of the two ideas is with the end goal that they supplement and supplement one another. Where one portrays the verifiable connection of an individual with his property, the different characterizes the lawful connection.

Possession Without Ownership

There might be rights which exist indeed yet may not be legitimately perceived. In this way, one might be in legal possession of an article yet might not have any title over it, that is, no ownership of it. For instance, an individual may have licensed innovation rights despite the fact that they may not be perceived as lawful rights.

Ownership Without Possession

There might be rights which can be legitimately claimed yet can’t be controlled. Such rights are known as passing rights. These rights can’t be had since they can’t be practised without being annihilated. A case of this might be the privilege of the loan boss to recuperate the sum because of him. He claims such a privilege, however, doesn’t have it since once he effectively practices his entitlement to recoup the obligation, it stops to exist. A deviation from this has been seen on account of Rahimtoola v. Nizam of Hyderabad[1] wherein the lender, who was the Government of Pakistan, was supposed to be in “possession and control” of the option to recuperate the obligation due from a bank.

Possession as to Evidence to Ownership

Possession is viewed as solid proof of ownership. Law ensures the owner of a thing against each individual other than somebody who has a superior title or possessory right. For example, the law ensures the possessory right of a cheat over a taken article an against everybody aside from the genuine proprietor who has a superior title to it. As indicated by Section 110 of the Indian Evidence Act, 1872, at whatever point an individual who is in possession of a thing is sued or affirmed of not being the proprietor of that thing, the weight of demonstrating that he isn’t the proprietor is upon the individual who documents the suit or makes such a claim or affirmation in any case.

Elements of Ownership

Possendi – Power to possess a thing.
Utendi – Capacity to use or utilize.
Dispondendi – Power of disposition.

Elements of Possession

Corpus possessionis – Actual power over the object possessed.
Animus Possidendi – Intention of the possessor to exclude from any interference from others.

Interrelation between Ownership and Possession

Possession and ownership are profoundly interrelated with one another. While one is a real idea, the other is a carefully lawful idea. Both of these ideas together oversee the privilege to the property of a person. The idea of ownership streams from that of possession and the confirmation of better title (ownership) over a thing by one prompts the loss of possession of the thing by another. Hence, it is fundamental to assess the interrelation among possession and ownership so as to obviously comprehend both the ideas and apply them effectively and precisely to tackle lawful issues.

Modes of Acquisition

Possession and ownership contrast in their methods of procurement. Possession comprises of two components corpus possessionis and animus possidendi. The loss of any of the two components would bring about the demolition of possession of that thing. Inasmuch as the individual has physical authority over a thing and the force and expectation to protect his selective right to the utilization of the thing, there is possession. The obtaining of possession might be finished by legitimate or unlawful methods.

Ownership might be gained in two different ways. Initially, ownership might be obtained over a thing which has no proprietor. Such things are known as res nullius and the ownership might be obtained by possession. Besides, there might be things which are as of now possessed by another person. The ownership in such cases can be gained utilizing the subordinate technique, that is, by the method of procurement, blessing, legacy, and so on The securing of ownership, in contrast to the possession, must be done carefully by legal methods.

Kinds of Possession

Possession in fact – The genuine or physical possession of a thing is called Possession truth be told. Otherwise called accepted possession. It shows physical control of an individual over a thing. There might be a physical connection with the item and the individual. That physical connection or control need not be nonstop.
Possession in law– Possession which is perceived and ensured by law is called Possession in law. It is otherwise called by right possession it is a possession in the eye of law.

Characteristics of Ownership

Ownership may either be total or confined, that is, it might be elite or restricted. Ownership can be restricted by arrangements or by the activity of law.
The privilege of ownership can be confined in the season of crisis. For instance, building or land possessed by an individual can be procured by the state for housing armed force faculty during the time of war.
A proprietor isn’t permitted to utilize his territory or property in a way that it is harmful to other people. His privilege of ownership isn’t unlimited.
The proprietor has an option to forces what he claims. It is unimportant if he has genuine possession of it. The most widely recognized case of this is that a proprietor renting his home to an occupant.
Law doesn’t give ownership on an unborn youngster or a crazy individual since they are unequipped for imagining the nature and results of their demonstrations.
Ownership is residuary in character.
The privilege to ownership doesn’t end with the demise of the proprietor; rather it is moved to his beneficiaries.
Limitations may likewise be forced by law on the proprietor’s privilege of removal of the thing claimed. Any distance of property made with the goal of destruction or postpone the cases of loan bosses can be saved.

Concept of Possession in India

Like the Romans, the old Indians built up their own one of a kind indigenous and affiliations and legitimate foundations. Overwhelmingly, in India, the property laws in all antiquated organizations were identified with the land and the landed property relied upon singular ownership.

The law of property under the antiquated Hindu writing was assuredly not considering any conjecture yet was an extremely specific and mingled establishment. Its usage and fulfilment were limited and overseen by the hallowed writings. Holding of property by the individual was then held to help the overall population in the proceeding. The possibility of possession, in this manner, under the old Hindu Law was nothing.

Notwithstanding, a legitimate contraption set up in the thought of dharma. The possession that was a really particular foundation in antiquated India was seen by the Hindu Law beginning at two sorts to be explicit:-

With Title
Without Title