In some cases, where possession in the popular sense is meant, it is easy to use some such term as physical control. The Trademark of Taj Palace Hotel, Mumbai: A restriction on individual rights? It includes: Lease; Servitude; Securities; Trusts. Required fields are marked *. So, in other words, it is only the animus that is transferred as the Read to Know: How a Bill becomes an Act in Parliament? locks up in a safe. But every moral right is not protected by law and is not imposing any sanction on the people. Protection afforded by the possession of other things- at times the immediate possession remains with the transferee. The absence of one or the other does not make possession complete having legal consequences. For example, A has a huge land in a village “X”. Burden of proof as to ownership- when the question is whether any person is the owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the persons who affirms that he is not the owner. How important is the legal arm of an organization? Your email address will not be published. Think in terms of ability to exercise direct physical control, hence the legal terminology of dominion and control to denote possession. Constitutum Possessorium- as opposed to tradition brevi manu, Regarding possession, as Salmond says, it is the most basic relation between a Secrecy- if the possessor keeps the thing in a hidden manner, it is also It is legal as well as a factual concept, which makes it difficult to define. Possession, in fact, is termed as, There are two essential elements of possession. In the real sense, obtaining possession is easily more than defining the concept the possession[4]. Some important points must be noted with regards to animus possidendi: Corpus possessionis cannot exist without animus possidendi.[3]. out of ten points of law, meaning that there is a presumption that the possessor Also, hold them for C and no longer for A. was so bitter that people began to take possession of certain objects and It dates back to 65 A.D. when the wife of an ancient King had […]. For example: If I want to read a book than it must be possession by me otherwise if I don’t have the possession of the book than I am not able to read. This article explains the concept of Possession including the definition and its importance. Thus, simply, it can be said that law protects possession. Your email address will not be published. According to Ihering, “whenever a person looked like an owner in relation to a thing, he had possession of it unless possession was denied to him by rules of law based on practical convenience.” Strictly speaking in the legal sense, mere physical control over a thing does not amount to possession. [v]. 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. those things and were not prepared to allow outsiders to interfere with them. the books in his library even though he might have forgotten about the N.Y. 1988]). It can further divide into two parts. A has got its possession through constructive delivery. Freeman, ed.). on which it has never assumed a visible form. Chebrolu Leela Prasad Rao and others v. State of Andhra Pradesh and others. Here, although the immediate possession is still with the other person, 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. Possession is one of the most essential concepts in human life. The same applies in case of a tenant too. There are two essential elements of possession. Similarly, there may be a case where there exists possession in law but not possession, in fact, such as that in constructive possession. However, in the present context, UDHR is governing individual rights in society. They began to take pride in the possession of So, A allows him to keep the bicycle and continue to use it for hiring Possession is one of the most essential concepts in human life. possession while immediate possession is in the hands of a third person. calls as mediate and immediate possession, like of landlord and tenant Cloudflare Ray ID: 5e754b567f6a0990 Possession includes the lawful physical control with the good intention recognized by the other persons[6]. Generally, a person who is in de facto possession of a thing also has a de jure possession over it. Pick all the topics you are interested in to fill your homepage with stories you'll love. Constructive) ... Actual Possession When you have the item, in your direct physical control, you have actual possession of the item. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Physical power of the possessor- the person in possession generally uses As said by salmon possession is the most basic relation between a man and a thing. Law protects possessor of a thing against every person other than someone who has a better title or possessory right. The possession of co-owners is another example of concurrent possession hire. But movable property can be moved from one place to another with the help of a person and that includes chattels, ornaments. The person attains this right due to his skill and labour. Possession is one of the most essential concepts in human life. Possession is acquired wherever the two elements corpus and animus are invariably and jointly together. The possessor may not be the owner of the property, he may exercise the duty on behalf of the owner. Possession means physical control over an object or thing. In the literal meaning, possession means the physical control over things or object which may be movable or immovable or tangible or intangible. Similarly, it need not be specific also. Possession is one of the most essential concepts in human life. repayment of his debt. Speaking the legal sense, possession is not just having a control over a thing but rather it should be coupled with an intention of exercising that particular power, excluding others from it. Even a person who wrongfully possesses a property, like a thief, has a good the animus need not be of the possessor himself, a servant or agent does not Though in law it is difficult to define the concept of possession because there is no precise definition of possession. For example: If I gave the property to my servant for caring. And possession in law or de jure possession is possession in the eye of law, that is, recognized and protected by law. Advocate Kanishk Agarwal, Founder, CriTaxCorp shares his views on Importance of Legal Arm of an organization in this write-up. Similarly, when a De facto possession is a possession that is not legally recognized but it exists in reality. considered them as their own. Your IP: 171.244.22.228 Since the human life and human society is not possible without material things, it makes the possession of these material things very necessary. (37th Chapter of th... How To File For Mutual Divorce In Delhi Incorporeal possession is the possession of the objects which are intangible in nature like copyrights. is wrongful act even though the possession of the person turns out to be But, we can say that it is the physical custody, control or occupancy of any object with a definite intention of ownership. Mediate possession is indirect possession. Cor. respectively or of bailee and bailor, etc. The Roman term “detention” mean the detention. From the legal point of view also it is a very important concept. D. Mahajan, ‘Jurisprudence and Legal Theory’, Eastern Book Company (M.D.A. As a result, A give his huge land to B for taken care. and is called as compossessio in Roman Law. Corporeal possession is the possession of the objects which are tangible in nature like buildings, land. The court held that the plaintiff had the right to possession over the boat.5. Animus of the possession refers to the intention to hold the possession or retain the possession of a thing. [vii]. Lastly, in social context, wrongful possession is not seen with favor,