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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.”
Meaning of the term possession. 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.
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.
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.
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.
Possession means physical control over an object or thing. Though in law it is difficult to define the concept of possession as there is no precise definition of possession. But it is the physical custody, control or occupancy of any object. Let us discuss the types of possession in detail.
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.
The Concept of Property, Ownership, Possession And Liability In The Light Of Jurisprudence. An Overview. By Mohd Aqib Aslam | Views 68152. The concept of property has an important place in the life-of human being because it is impossible to live in this material world without using the material objects which is the subject matter of property.
It argues that, for the purposes of the rules concerning the acquisition of title, the general rule is that one will obtain possession of certain land or a particular chattel if and only if one has (a) exclusive physical control of the land or chattel; and (b) an intention, in one’s own name and on one’s own behalf, to exclude the world from it.
Jul 10, 2024 · In the common law, possession is said to create entitlement. Modern authorities treat the facts of possession (generally understood as some function of physical control and intention) as a causative event, sufficient to generate for the possessor a general property right in the thing possessed.
