Innumerable legal consequences flow from the acquisition and loss of possession and thus, it is said that there is no concept in the field of law as difficult as that of possession.
Possession means physical control over an object or thing. intent is much more likely to obtain the security of general acquiescence than The basic function of Parliament is to make laws. This does not mean that he has lost possession of the land. N.Y. 1988]). Concepts of Law: possession. It refers to the de facto possession of a thing. You may need to download version 2.0 now from the Chrome Web Store. 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. It need not be specific towards a particular person or group of persons and may be general.
With the process of civilization, with the people struggling, for existence started taking the possession of certain objects and considered them their own. Cloudflare Ray ID: 5e754b567f6a0990 so, intention and physical control need for possession of a thing. Even in the case of B. Gangadhar v. B.R. It is the right over the immaterial things. Moral right is governed by the rule of natural justice. Nenadich, 689 F.Supp. others. When you have the item, in your direct physical control, you have actual possession of the item. How the possession is acquired: Lease, renting out, pledge, mortgage, theft, fraud, and bailment etc. legal consequences flow from the acquisition and loss of possession and thus, it possession over a land even though others possess a right of way over that 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. necessary that they must coincide. transferee already has the corpus. Here not only A has the possession but also B has the possession. Your email address will not be published. It is factual as well as a legal concept. Your IP: 22.214.171.124 •
It dates back to 65 A.D. when the wife of an ancient King had […]. Here, although the immediate possession is still with the other person, possessory right over it against the world at large except the true owner. Corpus possessionis cannot exist without animus possidendi.3, Acona v. Rogers- Here, the owner of a house allowed a lady to keep her luggage in one of the rooms of the house. Basically, incorporeal rights are those proprietary rights which are covered in right in rem and are not tangible in nature. a manifested This article explains the concept of Possession including the definition and its importance. Moreover, one of the most common methods of transferring ownership is by transfer of possession. the pledgee is bound to return the goods pledged when the debt is paid.". Possession being a legal as well as factual concept it becomes impossible to define covering all the legal scenarios and situations in which it may apply.1. two important rights related to property: Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India)�2000-2020, Possessorâ€™s physical relation to the res, that is, the object; It is not necessary that the animus must be to hold the thing as an Your email address will not be published.  Superintendent Remembrancer Legal Affairs v. Anil Kumar, AIR 1980 SC 52.  B. N. Mani Tripathi, Jurisprudence The Legal Theory, 283, (19th ed., 2012),  Prof. S. N. Dhyani, Jurisprudence Indian legal theory, 249, (5th ed. Dying Declaration is admissible in evidence being hearsay evidence. fisherman has possession of all the fishes I his net, although he may not Possession is considered to be strong evidence of ownership. owner. To explore this concept, consider the following possession definition. capitalism. Possession is one of the most essential concepts in human life. Elements – Possession constitutes of two elements, one being corpus of the possession and the other being animus of the possession. In India, for solving property-related cases taking much time than other cases. The physical possession over a thing need not be continuous. For example, a person still has legal physical control over the property i.e. Possession is also said to be one of the essential requirements for the acquisition of ownership. In the real sense, obtaining possession is easily more than defining the concept the possession. While corpus refers to the physical power to retain the exclusive use of the thing which is possessed, animus possidendi refers to the intention of the possessor to exclusively use the thing which he possesses. Possession in fact or de facto possession is the actual or physical possession. For example, a person sells a Thus, simply, it can be said that law protects possession. Domestic Violence Against Men and Women in India: Why Blame Only Us If You Can Do It Too. In broader sense, it means the things without which a person cannot live and it includes rights to live, personal liberty and all those rights which the person an exercise against others. De jure possession is a possession that is legally recognized but it may or may not exist in reality. You may need to download version 2.0 now from the Chrome Web Store. But still it has certain exceptions. and his personal presence though commonly present together, but it is not
but openly, Peaceful or undisturbed possession for the prescribed period.
Mere intention to exercise the physical control and to exclude others from it is enough to constitute possession in fact. There needs to be a physical contact. and human society would rather be impossible without the use and consumption of constitutum possessorium means that the mediate possession is transferred and But A stay in Kolkata. Sometimes possession can mature into ownership by the intentional abandonment of the ownership by the previous owner. To understand possession, we must look, not at the word, but at the way in which possession entered our legal system, the parts it was called upon to play in it, the character and problems of its development.
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