Transfer or acquisition of possession can be done in three ways, Viz., by taking, by delivery and by the operation of law.

1) As regards the acquisition or transfer of possession by taking, it is done without the consent of the previous possessor. This also may be done in two ways. One is called the rightful taking of possession and the other the wrongful taking of possession. A shopkeeper is entitled to get some money from a customer. This is an example of  the rightful taking of possession. If a thief steals from an individual, his acquisition of possession is wrongful. However, if a person captures a wild animal which does not belong to anybody, possession is called original.



2) Another way of acquisition of possession is by delivery or traditio in such a case, a thing is acquired with the contents and cooperation of the previous possessor, delivery is of two kinds, Viz., Actual and constructive. In the case of actual delivery immediate possession is given to the transferee. There are two categories of actual delivery. According to one category, the holder retains mediate possession and according to the other the holder does not retain mediate possession. If I lend sell the same, I do not retain any mediate possession.

      Constructive delivery is that which is not direct or actual. There are certain things which cannot actually be Transferred by the owner to the purchaser or by the transferor to the transferee. In such Cases, constructive delivery alone is possible. There are three kinds of constructive delivery and those are traditio brevi manu, Constitution possessorium and attornment in the case of of traditio brevi manu, possession is surrendered to one who has already immediate possession. In such a case, it is only the Animus that is transferred as the corpus of possession already with the transferee. I have already lent a book to somebody, if I sell the same book to him, it is a case of traditio brevi manu. In the case of Constitution possessorium it is only the mediate possession that is transferred and the immediate possession is retained by the transferor. I may sell my car to somebody but I may retain the physical possession of the same for some time in spite of the payment of price to me . In such a case, the Animus is lost and I keep the car on behalf of the purchaser. It is to be observed that in all cases of constructive delivery, there is a change of Animus alone and corpus of possession remains where it was before.

3) Transfer of possession can be made by the operation of law as well. This happens when, as a result of law, possession changes hands. If a person dies, the possession of his property is transferred to his successor and legal representatives.


See also...

Kinds of Possession 

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