Introduction to ownership and possession:
Ownership is linked with possession. Possession is the first stage of ownership. It means for ownership possession is necessary. Possession and ownership both are two sides of the same coin and one cannot exist without the other. Ownership gives the full right over the thing. Ownership is the ultimate and final right for disposing of the property.
Meaning of ownership and possession
It means to transfer that property in any way. Ownership is a relationship between the person and the thing. For ownership, there must be a thing and the owner of the thing. The concept of ownership was absent in ancient society. There was also no concept of possession too. Slowly and slowly as society developed the concept of possession also developed. The idea of ownership came into existence. So this way after the progress of the concept of ownership the person became the full owner of his property.
As evident from history that Roman Law was the first law in the world. It is considered the ancient law. All concepts of law begin from the period of Roman society. Under Roman Law, the concept of ownership is defined in the form of dominion that means to have the right control of a thing. The concept of ownership developed in the form of a right over the thing. Dominion is distinguished from possession. Possession means having possession over a thing but dominos means having a right over the thing.
Hindu Law is also considered the most ancient law in the world. In Hindu law, the concept of ownership also has been discussed. In Hindu Law ownership is said, “According to Hindu Law ownership means a relationship between the person and a thing. A person is called the owner and a thing is called property. This means a property that is in the control of a person is his property.
VIEWS OF MODERN & WESTERN JURISTS
Western jurists like Austin, Holland, and Salmond defined the concept of ownership.
According to him, ownership is the relationship that exists between the person and the thing.” This definition resembles the definition under Hindu Law. Austin says that in ownership a person has the following relations with the thing.
It means to use that thing in any way whether to use it for agriculture or for industry, residence but there is a restriction that one cannot use one’s property in such a way that destructive to the living of others.
Un-restricted power of disposing of
This means to transfer that thing or property according to his choice. He can sell or to mortgage even to give on lease or gift to anybody. But under art.19(2) of the Constitution reasonable restrictions can be imposed by the Govt., in the interest of public policies.
Un-limited duration of time
means the right of transfer of his property will remain always in the name of the owner. After his death, it will go to his heirs so there are no time limits.
It means to have control over the thing. For this purpose, both elements of possession corpus and animus should be there. If the conditions are there between the person and the thing and then the person is the owner of that thing. According to Holland: He defined ownership as a plenary control of a person over a thing.
The definition also contains the following conditions:-
According to Salmond:- Salmond defines ownership as a relationship between a person and the right. Right means to have a thing under possession.
The thing always represents physical objects. But right always represents a thing which is not in physical existence like copyright and allowances are always a thing which is called property. And which are not in physical existence. Salmond has included all those rights which are property in the concept of ownership. In view of the above, it is learned that Austin and Holland’s definitions are not complete. But Salmond is completely perfect in his definition.
KINDS OF OWNERSHIP
There are various kinds of ownership which are as under-
Corporal and Incorporeal ownership:
Corporeal and incorporeal ownership also called material and immaterial ownership. Corporeal ownership is the ownership of a material object and incorporeal ownership is the ownership of a right. Ownership of a house, a table, or a machine is corporeal ownership. Ownership of copyright a patent or a trademark is incorporeal ownership.
Sole and co-ownership:-
The general principle of ownership is vested in one person only. But sometimes it vested in many persons, in other words, two or more people have the right to ownership.
If only one person has the right of ownership that known as sole ownership and where two or more persons have the right of ownership then know as co-ownership.
Vested and contingent ownership:-
Ownership is either vested or contingent it is vested ownership when the title of the owner is already perfect. It is contingent ownership when the title of the ownership is yet imperfect.
Absolute and Limited ownership:-
means owner is one in whom are vested all the rights over a thing to the exclusion of all or when a person has an absolute right over his property known as absolute ownership. When there are limitations on the user duration or disposal of rights of ownership the ownership is limited ownership.
Legal and Equitable ownership:-
Legal ownership is that which has its origin in the rules of the common law. Equitable ownership is that which proceeds from the rules of equity. The legal right may be enforced in rem but equitable rights are enforced in personam.
Ownership is a relationship between the person and the right. These rights include the right to possession enjoyment and disposal of the property. If all conditions are there then it is called Ownership.
DIFFERENCE BETWEEN POSSESSION & OWNERSHIP POSSESSION OWNERSHIP
1.Possession is a primary stage of ownership which is in fact.
2. Ownership is in right.
3.Possession does not give the title in the property de facto exercise of a claims
4. While in ownership it gives title in the property de-jure recognition.
5.Possession is a fact.
6. Ownership is a right and superior to possession.
7.Possession tends to become ownership. 4.Ownership tends to realize itself into possession.
8.Possession dominion corpus and animus are necessary.
9.Ownership they are not necessary because the law gives full rights.
10.Transfer of possession is comparatively easier, Possession is nine points of law.
11.Ownership most of the cases involve a technical process i.e. conveyance deed etc.
12.Ownership always tries to realize itself in possession i.e. complete thing.
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