No
|
Possession
|
Ownership
|
1 |
Meaning:
“Possession” literally means ‘physical control over a thing or an
object’. The possessor has better title against the whole world, except the
true owner. Possession is nine points
in law.
|
Meaning:
The term ownership is derived from Latin word ‘own’ which means “to
have or to hold a thing.” One holds a thing as his own is called owner and
will have the right of ownership over it. Therefore the term ownership literally
means legitimate and absolute right of a person over a thing.
|
2 |
Definition :
It is very difficult to define the term possession. Some jurists have given different
definitions.
1) Savigny: Savigny defines
possession as, ”intention coupled with physical power to exclude others from
the use of material object.”
2) According to john Salmond Possession is the continuing exercise of
a claim to the exclusive use of an object.
|
Definition:
Different writers defined the term ownership. Prominent among them
are as follows
1) Austin: ownership is a right availing against the world indefinite
in point of user, unrestricted in point of disposition and unlimited in point
of duration over a thing.
2) Holland: Ownership is a plenary control
over an object. The owner has three rights on the object owned. 1) possession 2) enjoyment
3) disposition
|
3 |
Possession is the most basic relation between man and a thing. |
Ownership is the relation of the person with an object forming the subject matter on ownership. |
4 |
The Transfer of possession is comparatively easier and less technical |
The transfer of ownership in most cases involves a technical process of conveyancing |
5 |
Possession is prima facie a proof or a evidence of ownership. |
It consists bundle of rights and all the rights are right in rem. |
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Transfer of property
» Distinction/ Difference between Possession and ownership
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