Possession Jurisprudences

Possession
Question asked in exams.

1. Describe concept kinds and various modes of acquisition of possessions.
2. Describe concept kind and various modes off acquisition of possessions.
3. Possession is 9 points in law explain preposition by comparison it with the concept
of ownership.
4. Kinds of possessions
5. describe concept kinds and various modes of acquisition of possessions.
Meaning of possession (here there are certain point which can be elaborated to explain
possession in answer)
1. Physical control over something materialistic here even though copyright and
trademark is an exception as not being materialistic but most of the time possession
is over something which exists in the real world
2. It is visible expression and mean evidence of ownership it is the pieces of a
presumption that the one who has possession is deemed to be the owner of that
thing.
3. In law, possession means it includes not only physical control over a thing but also an
intention to exercise that physical control. The one who has the possession is called
the possessor.
4. "Possession" literary means physical control over a thing or an object. But also an
intention to exercise that physical control.
Definition of possession
There is no fixed or precise definition of possession because it is legal as well as factual
concept. Supreme Court in anil Kumar’s held that 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. NO PRESICE UNIVERSERAL DEFINATION
John Salmond:
Salmond defines Possession as, "possession is the continuing exercise of a claim to the
Exclusive use of an object."
Explanation
This claim over the object is subjected to the duration of physical control over the object as
well as this control is exclusive in nature.
This point was further established and explained by Savigny.
Savigny:
Savigny defines Possession as, "intention coupled with physical power to exclude others
from the use of material object.
Explanation
Here the aspect of intention was introduced. This gave the necessary distinction in merely
having the physical accessibility to an object from having an intention to have control + the
physical accessibility = possession.
Salmond criticized Savigny’s definition and ground that Savigny committed an error by
including the element of physical power in his definition.
O.W. Holmes:
Holmes defines Possession as, "To gain Possession a man must stand in a certain physical
relation to the object and to the rest of the world and must have certain intent."
explanation
Here also to prove possession of an object man must justify tow thing one is the physical
relation to that object that’s the physical control, accessibility + this right must be
exclusively with against the world.
Maine:
Maine defines the possession as, "physical detention coupled with the intention to hold the
things detained as one's own.
Explanation
Here the physical control has been replaced by detention. Detention means keeping a thing
under your own control and away from others reach.
Besides this there must be a goal to keep the object under your possession.
Types of possession
These types are like the types of ownership.
1. Corporeal possession.
Objects which have physical or materialistic manifestation, and which our senses can
perceive are corporeal possession. Thus, it is the persistent exercise of a claim on the use of
material or tangible objects. For Example, House, car, cycle, pen, etc.
2. Incorporeal Possession
Objects which don’t have any physical or materialistic manifestation, and which our senses
cannot perceive are incorporeal objects. Thus, it is the persistent exercise of a claim on the
use of immaterial or intangible objects. For example, Trademark, goodwill, patent, copyright,
3. Mediate Possession
Mediate possession of an object is the possession of a thing through a mediator
(middleman) like an agent, friend, or servant. It is also called indirect possession. For
example: If a landlord let his house to a tenant. The tenant is bound to hand over the house
to the landlord whenever he decides. So, the landlord has the mediate possession of the
house through the tenant.
Illustration :
a. ‘X’ has a car, which he leaves with his driver. The possession of the
driver will be immediate whereas the Possession of ‘X’ will be mediate.
1. ‘A’ purchased a house through his agent and the agent got the
possession. A’s possession is said to be the mediate possession.
4. Immediate Possession
When the possessor himself possesses the property or thing, we call it immediate
possession or direct possession. For example: when I buy a pen from a shop and keep it for
myself. The pen is in the immediate possession of mine.
5. Constructive Possession
Constructive Possession is the authority over an object without having actual possession or
charge of that material. In other words, we can say that constructive possession is not
actually a possession, but it is a possession in law and not possession in fact. For example,
The delivery of my key by my car driver. Here my driver was the constructive possessor of
my car until he delivers me the key.
6. Adverse Possession
Adverse possession means the possession of some property or object, without legal title, for
a certain time period, sufficient to become acknowledged legal owner. Sometimes, we also
define it informally as “squatter’s rights”. In actual adverse possession of some property, the
possessor is required to prove an intention to keep it absolutely for oneself. Just claiming
the property or paying liabilities for it, without actually possessing it, is not sufficient.
For example Continuous use of private land or driveway or agricultural field of an unused
piece of land.
7. De facto Possession
It is a Latin word meaning ‘in fact’. De facto possession means the possession which exists in
reality even if it is not legally recognized. De facto Possession exists where the thing is in the
immediate occupancy of a party. The person in de facto possession has the physical control
of the thing to the exclusion of others and has Animus and Corpus over the material object.
De facto possession may be described as actual Possession.
For example, A common law spouse can be considered as a de facto wife or de facto
husband though they are not lawfully married, yet they live like a married couple.
8. De Jure Possession
De jure is a Latin word meaning “in law”; lawful, legitimate or a matter of law. De jure
possessions are legally recognized possessions regardless of whether it exists in reality or
not. It is also known as juridical possession meaning possession in the eyes of law.
For example, An owner of the house could cease a man to live in a house but without
intending and to abandon it for good. It is a case of De jure possession.
Modes of acquiring possession:
There are 3 modes of acquiring possession
 Delivery: Delivery completes voluntary act from one person to

another. The transferor gives actual position to the transferee. It is
usually a lawful mode of possession. Delivery may be actual of
constructive. In actual delivery the thing is physically delivered.
Example of acutual delivery is physical delivery of the keys of house

whereas just changing the name of the owner of the house on the
paper amounts to symbolic delivery
 Taking: Taking implies an Act exclusively on the part of the person

who physically takes the Possession. It is acquisition of the Possession
without the consent of previous Possessor. It is the possession without
the consent of the Possessor. Sometimes it is said to be unilateral act.
Transferee acquires the possession without the knowledge or consent
of the former Possessor of the thing. It is usually possessio-civilis. It
may or may not be lawful. If it is lawful then it is legal possession. i.e.
possessio-juri.
Taking possession without the consent of previous owner

Legally - tenant ran away without paying rent an owner taking the
leftover goods
Illegally – theft
 Operation of law: A third mode of the acquisition of possession is by
operation of law. It takes place when by the operation of law goods are
removed from the possession of one person to the other. For example,
when a person dies, the things in his possession pass to his personal
representatives.

Possession Jurisprudences

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Possession

Question asked in exams.

There are 3 modes of acquiring possession

 Delivery: Delivery completes voluntary act from one person to

Example of acutual delivery is physical delivery of the keys of house

 Taking: Taking implies an Act exclusively on the part of the person

Taking possession without the consent of previous owner

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