Possession and Ownership under Property Law

11 Jul 2025 --
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🔹 POSSESSION UNDER PROPERTY LAW

Definition:

Possession refers to the physical control or occupancy of a thing or property, with or without legal ownership. It is a fact, not necessarily a right. Possession is recognized by law even if the person holding the property is not the legal owner.

Elements of Possession:

Corpus Possidendi (Physical Control): The possessor must have actual control over the property.

Animus Possidendi (Intention to Possess): The possessor must have the intention to possess the property on their own behalf.

Types of Possession:

Actual Possession – Physical control over the property.

Constructive Possession – Legal possession without physical control.

Lawful Possession – Possession with the owner's consent (e.g., leaseholder).

Unlawful Possession – Possession without the owner’s consent (e.g., trespasser).

Adverse Possession – Possession without title but maintained openly, hostilely, and continuously for a statutory period, which may ripen into ownership.

📚 Case Law on Possession:

1. K.K. Verma v. Union of India (1954)

Principle: Intention and control are essential for possession.

The court held that possession requires both corpus and animus.

2. K.K. Hebbar v. Union of India (1962 AIR 1052)

Possession is protected under law even if the possessor is not the owner.

A person in possession can file a suit for possession even against the true owner if dispossessed unlawfully.

3. Krishna Ram Mahale v. Shobha Venkat Rao (1989)

The Supreme Court emphasized that even a tenant or licensee has possession protected under law, and unlawful dispossession can be challenged.

4. Puran Singh v. State of Punjab (1975 AIR 1674)

The court ruled that a person in settled possession cannot be dispossessed by force – the only lawful way is through due legal process.

🔹 OWNERSHIP UNDER PROPERTY LAW

Definition:

Ownership is the absolute legal right over a property, including the right to possess, use, enjoy, and dispose of the property. Unlike possession, ownership is a right in rem (enforceable against the world).

Rights of Ownership:

Right to possess the property.

Right to use and enjoy the property.

Right to exclude others.

Right to transfer or alienate the property.

Right to dispose of the property by sale, gift, will, etc.

Types of Ownership:

Sole Ownership – Owned by one person.

Co-ownership / Joint Ownership – Owned by multiple people.

Legal Ownership – Ownership recognized by law, regardless of who possesses it.

Beneficial Ownership – Ownership in equity (e.g., in trust relationships).

Absolute and Limited Ownership – Absolute (full rights), Limited (e.g., life estate).

📚 Case Law on Ownership:

1. R. v. Ashwell (1885)

This case distinguished between mere possession and ownership.

Held: Ownership requires legal entitlement, while possession could be temporary and without title.

2. M.C. Chockalingam v. Mangilal (1974 AIR 104)

A legal owner has the right to recover possession from anyone, including a trespasser or illegal occupant.

Ownership prevails over wrongful possession unless barred by limitation.

3. State of Andhra Pradesh v. Duvvuru Balarami Reddy (1963 AIR 264)

Ownership includes the right to exclude others and seek legal remedies for interference.

4. Thakur Amar Singhji v. State of Rajasthan (1955 AIR 504)

Ownership includes bundle of rights, and state interference must be lawful and with due compensation if property is taken.

🔸 DIFFERENCE BETWEEN POSSESSION AND OWNERSHIP

Basis	Possession	Ownership
Nature	Fact	Right (Legal/Equitable)
Legal recognition	Protected even if not legal	Legally recognized and enforceable
Transferability	Cannot be transferred without ownership	Can be transferred
Duration	May be temporary	Can be permanent
Right to exclude	Limited	Complete
Example	Tenant has possession	Landlord has ownership