29. Possession & Adverse Possession

 

29. Possession & Adverse Possession

POSSESSION :

Possession is the objective realization of ownership. The Possession of a material object is a title of Owners. A title is acquired by possession. If a person is in possession of thing, he / she / they cannot be rejected except by one who is true owner. Even the true owner cannot do forcibly. A person who acquired title by possession is called possessory owner. A possession is prima facie proof of ownership.

Possession is the most basic relation between man & thing. Possession is the Prima Facie proof or evidence of ownership.

The Possessor has better title over the thing possessed by him against whole world except true owner. Even if Possession is wrongly, the Possessor if deprived wrongfully he is protected by law by providing for the possessory remedies. Transfer of possession is one of the chief modes of transferring ownership.

 TYPES  OF POSSESSION :

	TYPES	EXPALANTION
1	Immediate Possession	Means direct possession by person over particular   object.
2	Mediate Possession	Means indirect possession by person through another person over particular object.
3	Corporal Possession	Means a possession of thing or martial object.
4	Incorporal Possession	Means Possession over non-material object means a possession which cannot be felt & perceived by senses.
5	Representative Possession	Means in which owner has possession of thing through an agent or servant.
6	Concurrent Possession	Means the possession of thing is in hands of 2 or more persons at same time.
7	Derivative Possession	Means the holder of thing combines in himself both physical & legal possession.

ADVERSE POSSESSION :

In Adverse possession, if a property owner fails to make a claim towards their property for minimum 12 years, and the same tenant continues to occupy the property for 12 years, the ownership rights to the property is transferred to the tenant. These are the basic rules of adverse possession The Limitation Act, 1963.

If one intends to establish adverse possession, the burden of proof will rest on them, the following elements must be proven in court:

1.  Possession Date : 

The date on which adverse possession in India of the property began must be established. This date is critical as it determines the 12-year statutory period required for adverse possession

2.  Knowledge of Owners & Neighbours :  

 

It is necessary to demonstrate that the true owner had knowledge of the possession and the date when they became aware of it. Additionally, it is essential to establish that immediate neighbours were aware of the possession and the date when they became aware of it.

3.  Peaceful Possession: 

The possession must have been peaceful and not obtained by coercion. The possession must have been in opposition to the true owner’s expectations.

4. Lack of Action By The Owner: 

It must be proven that the true owner did not take any action against the possession despite having knowledge of it. It must be proven beyond reasonable doubt that the owner was aware of the possession.

5.  Continuous Possession: 

It must be established that the possession of the property was continuous without any interruptions by the owner or any other person.

6. Exceptions : 

It is also necessary to demonstrate that none of the exceptions to the rule of adverse possession are applicable in the case.

  DIFFERENCE BETWEEN OWNERSHIP & POSSESSION

  

OWNERSHIP	POSSESSION
Ownership involves the absolute rights and legitimate claim to an object.	Possession is the physical control of an object.
Ownership itself gives the owner the right to possession.	Possession does not indicate the right to ownership.
Ownership is essentially a bundle of rights	It is an evidence of ownership not a right,
It means to own the object by the owner.	The possessor has a better claim to the title of the object than anyone, except the owner himself.
The transfer of ownership is a long and technical process and involves conveyance process.	Transfer of possession is less technical and fairly easier.
Ownership is the right of the owner against the other indefinite in point of the user, unrestricted in point of disposition or destroying and unlimited in point of duration over a thing.	It is the continuous exercise of a claim to exclusively possess and use the object/thing.