Acquisition of Possession

Introduction :

                  Possession is one of the most Important concepts in the whole range of Legal History. Possession is the Prima facie evidence of title. of ownership. If a property is already owned, its wrongful possession is a good title for the wrongdoer as against all the whole world except the true owner.





Meaning of Possession :

Possession literally means Physical control over a thing or an object.

Definition of Possession  : 

Maine Define possession as, " physical detention coupled with the intention to hold the thing detained as one's own.


Essentials of possession : 

    The four essentials of possession are subject matter of possession, physical control, ntention and knowledge.



Acquisition 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.




See also 

1) Possession : Meaning, Definition and Kinds of possession

2) Distinction/ Difference between Possession and ownership

3) Methods of Transfer of possession

4) Why Law protects Possession ?

5) Kinds of Possession