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.
Following are the important kinds of possession.
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 :
It means Possession of immaterial or intangible things. These are the things, which do not have physical existence and therefore cannot be perceived by our senses. Therefore possession in respect of this thing is known as incorporeal possession. for example - Copyright, Trademark, Patent, Goodwill etc.
According to Salmond, corporeal possession is Possession of an object whereas incorporeal possession is the possession of a right.
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 :
It is also called as Direct Possession. Direct or primary possession by a person over a particular object, which acquires or gets directly or personally. In immediate possession, as the thing is in possession of the possessor directly, he has higher degree of control over such thing. It means that there is no other person holding the thing.
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 :
Constructive possession is not actual possession it is a possession in law and not possession in fact. According to Pollock and Wright, it is a possession which arises only by the construction of law.
Example : The delivery of the keys of a building.
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 :
De facto Possession exists where the thing is in the immediate occupancy of a party. The person in de facto possession has the physical control of the thing to the exclusion of others and has Animus and Corpus over the material object. De facto possession may be described as actual Possession.
8) De jure Possession :
De jure possession can be described as posssession in law. De jure possession exists when person claims a thing as his own in natural normal legal manner by occupying a thing without any dispute as to his legal right to possess and enjoy the thing. Legal possession may exist with or without property in possession. In case of De jure possession it is just possible that a man I have ceased to live in a house but without intending and to abandon it for good as the owner of the house.
Possession is an evidence of ownership. It is very difficult conception of utmost practical importance in legal theory.
Following are the important kinds of possession.
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 :
It means Possession of immaterial or intangible things. These are the things, which do not have physical existence and therefore cannot be perceived by our senses. Therefore possession in respect of this thing is known as incorporeal possession. for example - Copyright, Trademark, Patent, Goodwill etc.
According to Salmond, corporeal possession is Possession of an object whereas incorporeal possession is the possession of a right.
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 :
It is also called as Direct Possession. Direct or primary possession by a person over a particular object, which acquires or gets directly or personally. In immediate possession, as the thing is in possession of the possessor directly, he has higher degree of control over such thing. It means that there is no other person holding the thing.
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 :
Constructive possession is not actual possession it is a possession in law and not possession in fact. According to Pollock and Wright, it is a possession which arises only by the construction of law.
Example : The delivery of the keys of a building.
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 :
De facto Possession exists where the thing is in the immediate occupancy of a party. The person in de facto possession has the physical control of the thing to the exclusion of others and has Animus and Corpus over the material object. De facto possession may be described as actual Possession.
8) De jure Possession :
De jure possession can be described as posssession in law. De jure possession exists when person claims a thing as his own in natural normal legal manner by occupying a thing without any dispute as to his legal right to possess and enjoy the thing. Legal possession may exist with or without property in possession. In case of De jure possession it is just possible that a man I have ceased to live in a house but without intending and to abandon it for good as the owner of the house.
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