Difference Between Possession and Ownership
Difference Between Possession and Ownership
Introduction
Possession and Ownership are two fundamental concepts in property law. Although related, they are distinct in nature, rights, and consequences.
Possession refers to the actual control or physical custody of a thing.
Ownership refers to the legal right and title over a thing, including the right to use, enjoy, and dispose of it.
Definition
| Term | Explanation |
|---|---|
| Possession | The factual control or custody of property or goods, regardless of legal title. |
| Ownership | The legal right recognized by law to enjoy and dispose of a thing, including the right to possess it. |
Key Differences
| Aspect | Possession | Ownership |
|---|---|---|
| Nature | Factual or physical control | Legal right and title |
| Rights | Right to custody and use, but limited | Full rights including use, enjoyment, and transfer |
| Transferability | Possession can be transferred without ownership | Ownership is transferable through legal means |
| Protection | Possession is protected against unlawful interference (jus possessionis) | Ownership is protected as a fundamental right (jus proprietatis) |
| Duration | Temporary or permanent, depends on custody | Permanent until legally transferred or lost |
| Example | Tenant’s possession of rented property | Landlord’s ownership of the property |
Case Law Illustrations
K.K. Verma vs. Union of India (1959)
The court observed that possession is the physical control of property, whereas ownership is the right to possess and use it. The two can exist separately.
Prem Lata vs. Union of India (1959)
It was held that possession does not necessarily confer ownership. A person in possession may not be the owner but is protected against wrongful dispossession.
Shivnarayan v. Laxminarayan (1957)
Demonstrated that ownership implies a bundle of rights, including the right to possess, but possession itself is only about physical control.
Important Points
A person can have possession without ownership (e.g., a tenant in rented premises).
A person can have ownership without possession (e.g., a landlord whose tenant occupies the property).
Possession is often considered a prima facie evidence of ownership, but it is not conclusive proof.
The law protects possession against unlawful disturbance even if the possessor is not the owner.
Ownership is a comprehensive right, whereas possession is a partial right related mainly to control.
Summary Table
| Aspect | Possession | Ownership |
|---|---|---|
| Definition | Physical control of property | Legal right to possess, use, and dispose |
| Basis | Fact | Law |
| Rights | Custody, use | Full rights including transfer and exclusion |
| Protection | Against unlawful interference | Against any unlawful claim or interference |
| Transfer | Can be transferred without ownership | Requires legal procedure for transfer |
| Evidence | Prima facie proof of ownership | Conclusive proof of right |
Conclusion
Possession and ownership, though related, serve different legal functions. Possession is the actual control of property, protected by law against wrongful interference, while ownership is the legal right that includes possession but also the right to use, enjoy, and transfer the property. Understanding this distinction is essential in resolving disputes related to property rights.
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