Possession and its kinds, elements ,modes of acquiring possession in jurisprudence

Introduction

                                Possession  in simple sense means that you have something in your control or occupation. It is an important concept in legal world, which helps us to determine who owns something and who has the right to use it or dispose of it. For example, if you have a book in your hand, you are in possession of it.

Definitions of Possession:

According to Salmond

    The continuing exercise of a claim to the exclusive use of a material object. 

 According to Sir William Blackstone

 

An immediate power over a thing, accompanied by the intention of exercising such power, either presently or in the future

Meaning of Possession

                                Possession means the physical control or hold on an object or property, and is an important  factor for defining ownership and rights connected  with it.

Kinds of Possession

Actual Possession

                            Actual possession means having a  physical occupation or custody of an object or property. It means that an object or property is  in someone's actual possession and he is able to use it. For example, if you have a pen in your hand and you use it by yourself then it will be considered that the pen is in your actual possession.

Constructive Possession

                            Constructive possession means that you have control or power over something, even if you're not actually holding it. For example, if you have the key to a locked safe that has something valuable inside, you can be said to have constructive possession of that valuable item. You don't have to physically hold it, but you have the power to access and control it.

Joint Possession

                            Joint possession is a condition where two or more people  have a share in  ownership and control over something, like a house,  a car, or any other asset. For Example, if two friends buy a house together, they both have joint possession of it. This means they both have equal rights to use, control, and maintain the property. Joint possession requires cooperation and mutual respect between all parties involved to ensure that the object or property is used and maintained appropriately.

Sole Possession

                            Sole possession is a type of possession where only one person has the control or custody over an object or property. It means that the person have complete  ownership and control over the object or property, and nobody can claim any right over it. For example, if you have a personal laptop that nobody else uses, you have sole possession of it. You have the right to use it and control it as you wish, and nobody else can take it away or claim it as theirs.

Adverse Possession

                                Adverse possession is a legal term that describes a situation where a person gains ownership of an object or property by using it without the permission of the rightful owner for a long time. For example, if someone uses a piece of land that they do not own and nobody objects for many years, they may be able to claim ownership of the land through adverse possession. However, the laws regarding adverse possession can be complex and vary depending on the location, so it is important to seek legal advice before making any claims.

Derivative Possession

                                Derivative possession refers to the  type of possession in which a person holds the control of  an object or property on behalf of someone else, rather than owning it themselves. This means that the person is not the original owner, but they are holding the object or property for someone who has the legal right to it. For example, if a landlord rents a property to a tenant, the tenant has derivative possession of the property. The tenant has the right to use and occupy the property, but the landlord remains the legal owner of the property.

Duplicate Possession

                                Duplicate possession is a type of possession where multiple people have physical control over the same object or property. This means that more than one person has access to and can use the object or property. For example, if two people have a set of keys to the same house, they both have duplicate possession of the house. This type of possession requires trust and cooperation between all parties involved to ensure that the object or property is used appropriately and conflicts are avoided.

Representative Possession

                                Representative possession is a type of possession where a person holds an object or property on behalf of someone else as their representative or agent. This means that the person has legal authority to act on behalf of the owner in regards to the object or property. For example, if a real estate agent is selling a house on behalf of the owner, the agent has representative possession of the house. The agent has the legal authority to show the house to potential buyers, negotiate offers, and handle the sale on behalf of the owner.

Mediate and Immediate Possession

                                 Mediate possession is when a person holds an object or property on behalf of someone else, as an intermediary between the owner and the actual possessor. An example is a bank holding a safe deposit box for a customer.

                                Immediate possession is when a person has direct physical control and access to an object or property. An example is living in a house that you own.

Elements of Possession

The essential elements of possession include:

1. Physical control: The possessor has direct  control over the object or property.
2. Intention: The possessor has the intention to possess the object or property and use it.
3. Awareness: The possessor is aware of their possession and knows what they are possessing.
4. Capacity: The possessor has the capacity to possess, meaning they have the legal right to possess the object or property.

Modes of Acquiring Possession

1. Occupation: Possession of an object or property that has not been previously owned or possessed by anyone else, such as discovering a lost item.
2. Production: Possession of an object or property which  is created by one's own labor or effort, such as building a house or planting a garden.
3. Gift: Possession of an object or property that is voluntarily transferred to the possessor by the owner, such as receiving a gift from someone.
4. Inheritance: Possession of an object or property that is acquired through the process of inheritance. 
5. Contract: Possession of an object or property which is obtained through a contract, such as leasing a car or renting an apartment.

Do you agree that possession is 9/10th of ownership?

The statement "possession is 9/10th of ownership" is a popular saying, but it is not entirely accurate or true from a legal perspective. While possession is a factor in determining ownership in certain situations, ownership is determined by a combination of factors, including possession, legal title, and other legal rights and interests. Possession alone does not necessarily confer ownership. For example, a thief in possession of stolen goods does not have legal ownership of the goods, despite having physical possession of them. So, I cannot agree that possession is 9/10th of ownership. 

 

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