No

         Possession


     Ownership

1

Meaning:

“Possession” literally means ‘physical control over a thing or an object’. The possessor has better title against the whole world, except the true owner.  Possession is nine points in law.

Meaning:

The term ownership is derived from Latin word ‘own’ which means “to have or to hold a thing.” One holds a thing as his own is called owner and will have the right of ownership over it. Therefore the term ownership literally means legitimate and absolute right of a person over a thing.   



2

Definition :

It is very difficult to define the term possession.  Some jurists have given different definitions.  

1) Savigny:  Savigny defines possession as, ”intention coupled with physical power to exclude others from the use of material object.”   

2) According to john Salmond Possession is the continuing exercise of a claim to the exclusive use of an object.


Definition:

Different writers defined the term ownership. Prominent among them are as follows  

1) Austin: ownership is a right availing against the world indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration over a thing.

  2) Holland: Ownership is a plenary control over an object. The owner has three rights on the object owned. 1) possession 2) enjoyment 3) disposition



3

Possession is the most basic relation between man and a thing.

Ownership is the relation of the person with an object forming the subject matter on ownership.  


4

The Transfer of possession is comparatively easier and less technical

The transfer of ownership in most cases involves a technical process of conveyancing


5


Possession is prima facie a proof or a evidence of ownership.

It consists bundle of rights and all the rights are right in rem.





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