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Jun 17, 2019 · As per Markby “possession is the assurance to practice physical authority over a thing all alone benefit combined with the ability to do as such”. Maine characterizes possession as “physical confinement combined with the goal to hold the thing kept as one’s own.”
Jul 28, 2021 · In B. Gangadhar v. Ramalingam (1995) 5 SCC 238, the Indian Supreme Court elaborated on the notion of possession. The objective realization of ownership is possession. It is both the de facto statement of a claim to a specific piece of property and the de facto counterpart of ownership.
Several jurists have defined the term ‘possession’ differently, some of the notable definitions are as follows: Salmond- The possession of a material object is the continuing exercise of a claim to the exclusive use of it.
Aug 7, 2020 · 1. Possession. 2. Ownership. Regarding possession, as Salmond says, it is the most basic relation between a man and a thing. Possession of material things is necessary because human life and human society would rather be impossible without the use and consumption of material things.
Dec 11, 2019 · Meaning of possession in Jurisprudence:- In Roman law possession was termed as a ‘Possessio’. The term possessio denoted physical control over things. In legal terminology, there is no word more ambiguous in its meaning than possession whether considered in relation to immovable property.
Mar 6, 2023 · Some Jurists have given different definitions. John Salmond: Salmond defines Possession as, “possession is the continuing exercise of a claim to the Exclusive use of an object.”. Savigny: Savigny defines Possession as, “intention coupled with physical power to exclude others from the use of material object.
Jan 5, 2024 · Possession is the tangible control over an object, while ownership is the legal recognition and protection of rights associated with that object. Understanding the differences between ownership and possession in jurisprudence is crucial for navigating property law and resolving disputes related to the use and control of assets.
In Roman law, corporeal possession is called as possession corporis and incorporeal possession is known as possessio juris. According to some jurists, possession can only be corporeal and there is nothing like incorporeal possession because his concept falls short of the requisites of real possession.
Mar 16, 2020 · Jurisprudence Subject-wise Law Notes. LawBhoomi. March 16, 2020. Share & spread the love. Contents hide. 1. Meaning of Possession of Property. 2. Nature and Concept of Possession of Property. 3. Theories of Possession of Property. 4. Possession in Law and Possession in Fact. 5. Kinds of Possession of Property. Meaning of Possession of Property.
Jun 27, 2021 · Definition: The literal meaning of possession is the physical take over the property. Savigny’s Theory: Savigny define possession as Intention which is mixed with physical power to exclude other from the use of material object. Ihering’s Theory: Possession is more objective and it presents a sociological approach to possession.
