• What is considered as possession of property?

As per Indian law and Supreme Court judgments, 

1. what is the definition of possession of property?
2. Does purchasing a property and obtaining the title equate to taking possession of the property?
3. Could you provide an example of a Supreme Court ruling on possession of property?
Asked 2 years ago in Property Law
Religion: Sikh

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8 Answers

Possession is when physical possession is given to you by earlier owner after sale agreement. In leave and licence agreement possession is always with licensor 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Possession in fact: The actual or physical possession of a thing is called Possession in fact. Also known as de facto possession. It indicates physical control of a person over a thing. There may be a physical relation with the object and the person. That physical relation or control need not be continuous.

Possession in law: Possession which is recognized and protected by law is called Possession in law. It is also known as de jure possession it is a possession in the eye of law.

Common forms of proof include the title deed, sale agreement, possession letter, property registration, municipal tax receipts, utility bills in the occupant's name, possession notice, entry in land records (for rural areas), and physical occupation and use.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Explaining the relation between possession and ownership the Supreme Court of India in the case of B. Gangadhar v. B.R. Rajalingam stated, possession is the external form in which claims normally manifest themselves. It is in fact, what ownership is in right enforceable at law to or over the thing. 

2)There must exist some physical contact or control of the possessor with the thing so as to give rise to a reasonable assumption that other people will not interfere with, or simply, with the possessor’s right of use, enjoyment of that thing.

This non-interference can be secured in the following ways:Physical power of the possessor- the person in possession generally uses walls, gates, doors, etc. to prevent others from interfering in his possession.

3) Personal presence of the possessor- the physical power of the possessor and his personal presence though commonly present together, but it is not necessary that they must coincide.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Possession is of two kinds, symbolic and physical. By conveying the title and ownership of a property, symbolic possession is conveyed to the new owner. When the new owner occupies it, he or she is in physical possession.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear client,

  1. Possession of the Property means actual and physical occupancy and control of the Property.
  2. Yes, it means you have the possession of property.
  3. The meaning indicates that possession must be backed with some right or title. This was the meaning given by Supreme court.

Hope this helps you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. Possession can be actual and can be symbolic also. 

2. No. Actual handing over and taking over of possession must be there. 

3. Various. You can search. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

this is like answering a question asked in a law paper

the question is too generic and bereft of any material particulars

this forum is not for taking exams of advocates but to put legal queries for possible replies from/legal solutions by the advocates

anyway coming to the exam question - 

possession is of 2 types - DEJURE possession and DEFACTO possession

there is also 'actual' and 'constructive' possession

dejure possession - take for example a building which is fully occupied by tenants. In this case the owner , though not in actual physical possession, he can said to have constructive or dejure possession 

defacto possession - eg. an open plot of land which is unoccupied. here the person who comes in possession of such open plot of land can be said to be in 'actual' or 'defacto' possession [i.e. possession in fact]

 

purchasing a property and obtaining title [without having the actual physical possession] cannot be equated to taking possession. there are many incidents of a sale , one of them being transfer of possession of the property by the vendor to the seller

now if the property purchased is land with building fully occupied by tenants, then in such a case it can be said that the possession is transferred to the buyer by the vendor since actual physical possession of such property to the seller is not possible

however if the property purchased is an open plot of land, then in that case the sale, in absence of transfer of actual physical possession, can be said to be incomplete and the buyer will have to sue the vendor or the person in possession to recover the vacant possession from such person

the incidents of ownership and possession have been explained by the Supreme Court in certain judgments, however i dont have them handy. will share if i find. 

hope i passed the exam. thanks

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Contact for judgement

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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