Kinds of Possession
Kinds of Possession
There are two modes of acquiring possession i) Delivery and ii) Possession.
i) 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.
ii) 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.
Constructive delivery is that which is not direct or actual. There are certain things which
cannot actually be Transferred by the owner to the purchaser or by the transferor to the
transferee. In such Cases, constructive delivery alone is possible. There are three kinds of
constructive delivery and those are traditio brevi manu, Constitution possessorium and
attornment in the case of of traditio brevi manu, possession is surrendered to one who has
already immediate possession. In such a case, it is only the Animus that is transferred as the
corpus of possession already with the transferee. I have already lent a book to somebody, if I
sell the same book to him, it is a case of traditio brevi manu. In the case of
Constitution possessorium it is only the mediate possession that is transferred and the
immediate possession is retained by the transferor. I may sell my car to somebody but I may
retain the physical possession of the same for some time in spite of the payment of price to
me . In such a case, the Animus is lost and I keep the car on behalf of the purchaser. It is to be
observed that in all cases of constructive delivery, there is a change of Animus alone and
corpus of possession remains where it was before.
3) Transfer of possession can be made by the operation of law as well. This happens when, as
a result of law, possession changes hands. If a person dies, the possession of his property is
transferred to his successor and legal representatives.
The institution of property has indispensable relationship with the mankind. There are
two important rights related to property namely i) ownership and ii) possession.
Possession is an evidence of ownership. It is very difficult conception of
utmost practical importance in legal theory.
1) Corporeal Possession :
Those things, which are having physical or material existence, wherein direct relationship
with the thing, are possible. for example, House has physical existence which can be
perceived by our senses. The possession in the house therefore is Corporeal Possession.
Therefore corporeal possession is the possession of material things, movable as well as
immovable such as the Car , book , pen, wristwatch, etc.
2) Incorporeal Possession :
3) Mediate Possession :
It is the Possession of a thing through another, either through his friend, servant
for agent. As the thing remains, in possession with another, the possessor has lesser degree of
physical control over such thing.
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.
b) '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 :
Illustration :
a) 'X' has a car and he keeps it in his garage, this constitutes immediate possession.
b) 'A' purchased a house and takes Possession of the property it is called direct or
immediate Possession.
5) Constructive Possession :
6) Adverse Possession :
It means holding the land on his own behalf of some other person. if adverse
possession continues peaceful and undisturbed for that number of years, he can claim
ownership and the true owner's right( ownership) gets extinguished.
7) De facto Possession :
8) De jure Possession :
8) Possessory Remedies:
Possessory Remedies are those which exists the protection of Possession even against
ownership. Proprietary remedies are those which are available for the protection of
ownership. In many legal systems, possession is provisional or temporary title even against
the true owner. Even a wrongful Possessor who is deprived of his possession can recover it
from any person whatsoever on the ground of his possession. Even the true owner, who
retakes his own, must first restore possession to the wrongdoer and then proceed to secure a
possession on the ground of his ownership.