OWNERSHIP AND

POSSESSION
OWNERSHIP

 Ownership means a right, which avails against

everyone who is subject to the law conferring the
right to put thing to user of indefinite nature.
 It includes ownership over both corporeal and
incorporeal things.
 refers to physical objects and all claims.
 Ownership is a comprehensive right. It is a
bundle of four rights.
- Right to use a thing.
-Right to exclude others from using the thing.
-Right to dispose of the thing.
-Right to destroy the thing.
 Ownership denotes the relation between a person
and right that is vested in him. Nothing can be owned
except the right over a thing. In other words a thing
cannot be owned but a right over such thing can be
owned.
 Therefore owning a right is called ownership:
 Owner can use in many ways or indefinite in point of
user.
 Owner has right of transfer or unrestricted in point of
disposition.
 Ownership is permanent or unlimited in point of
duration.
MODES OF ACQUISITION OF OWNERSHIP
 The ownership is acquired in two ways:
 Original mode: In this mode the owner acquires
the ownership over the owner less objects. They
are called res nullis. Such object belonged to no
one. It may be acquired by means of accession,
occupation and specification.

 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.
TYPES OF OWNERSHIP
 Corporeal and incorporeal ownership: The ownership over a
tangible or material object is called corporeal ownership
 Trust and Beneficial ownership: The ownership of a trust is called
trust ownership
 Legal and Equitable ownership: The ownership which originated
from the rules of common law is called legal ownership.
 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

 Possession means custody or control. The idea of

ownership developed slowly with the growth of
civilization.
 possession establishes the relationship between men
and the material things.
 possession is a physical control over a thing.

 possession is the physical power of exclusion.

 possession is de facto exercise of a claim over a thing.

 The possessor of a thing is presumed to be the owner.

Long enjoyment of a property creates ownership.
POSSESSION

 Possession in fact: The actual or physical

possession of a thing is called Possession in fact. Also
known as de facto possession. It indicates physical
control of a person over a thing. There may be a
physical relation with the object and the person. That
physical relation or control need not be continuous.

 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.
 Acquisition of possession
 By taking.
 By delivery.
 By operation of law.
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.

 TYPES OF POSSESSION
 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.
TYPES OF POSSESSION
 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.
e.g. 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.
Difference between ownership and possession
Ownership Possession
Possession is more the physical control of
Ownership involves the absolute rights an object. The possessor has a better claim
and legitimate claim to an object. It means to the title of the object than anyone,
to own the object by the owner. except the owner himself.

Ownership is the right of the owner As per the definitions, it is the continuous
against the world indefinite in point of the exercise of a claim to exclusively possess
user, unrestricted in point of disposition or and use the object/thing.
destroying and unlimited in point of
duration over a thing
However, it does not indicate the right to
Ownership itself gives the owner the right ownership.
to possession.

The transfer of ownership is a technical Transfer of possession is fairly easier and

and long process and involves conveyance less technical.
Ownership is essentially a bundle of rights,
It is not a right, just a prima facie evidence
of ownership

It is the guarantee of the law. It is the guarantee of the fact.