“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.


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.   


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.


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


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.  


The Transfer of possession is comparatively easier and less technical

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


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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