Ownership

Diverse definitions of ownership exist among jurists. They all acknowledge that the ownership right is the ultimate or whole right over everything. Hibbert therefore asserts that ownership consists of four different types of rights. The right to use something; the right to prevent others from using it; the right to dispose of something; and the right to destroy something.

Austin's definition
Austin while defining ownership has focused on the three main attributes of ownership, namely, indefinite user, unrestricted disposition and unlimited duration.

• Indefinite User
• Unrestricted Disposition
• Unlimited Duration

The abolition of Zamindari system India, the abolition of privy purses, nationalization of Bank etc. are some example of the fact that the ownership can be cut short by the state for public purpose and its duration is not unlimited.

Holland has adopted the definition put forth by Austin. He characterizes ownership as having complete control over a thing. He asserts that an owner has three rights regarding the property they possess.

1. Ownership
2. Pleasure
3. Character

Planetary power over an object denotes total authority free from constraints imposed by facts or laws. Thus, insofar as the meaning of the phrase "plenary control" is concerned, the critique aimed at Austin's definition would also apply to Holland's.

Salmond's definition
The complex of rights that he exercises exclusively over others is said to be the property of Salmond. According to Salmond, ownership is a collection of rights that are held by a single person. According to Salmond's definition, ownership has two characteristics: Ownership is an incorporeal body or form; it is a relationship between a person and a right that is vested in him.

Modern law and Ownership
Under modern law there are the following modes of acquiring ownership which may be broadly classed under two heads, viz,.

1. Original mode
2. Derivative mode

The original mode is the result of some independence personal act of the acquire himself. The mode of acquisition may be three kinds. Absolute when a ownership is acquired by over previously ownerless object. Extinctive, which is where there is extinctive of previous ownership by an independence adverse act on the part of the acquiring. This is how a right of easement is acquiring after passage of time prescribed by law.

When requisition of ownership results from accession, it is referred to as accessory. If there are three fruits, for instance, the produce is the owner's unless he has given it away. It is referred to as derivative acquisition when ownership is derived from an earlier version of the legislation. The previous owner's title is where that is obtained from. It is obtained through a gift, exchange, will, buy, etc.The Sale of Goods Acts, the Companies Act, and the Indian Transferee Acts govern the transfer of firm property, immovable property, and corporate property, respectively.

Characteristics
An analysis of the concept of ownership, it would show that it has the following characteristics: Ownership ma either be absolute or restricted, that is, it may be exclusive or limited. Ownership can be limited by agreements or by operation of law.The right of ownership can be restricted in time of emergency. An owner is not allowed to use his land or property in a manner that it is injurious to others. His right of ownership is not unrestricted.

The owner has a right to posses the thing that he owns. It is immaterial whether he has actual possession of it or not. The most common example of this is that an owner leasing his house to a tenant. Law does not confer ownership on an unborn child or an insane person because they are incapable of conceiving the nature and consequences of their acts. Ownership is residuary in character. The right to ownership does not end with the death of the owner; instead it is transferred to his heirs. Restrictions may also be imposed by law on the owner's right of disposal of the thing owned. Any alienation of property made with the intent to defeat or delay the claims of creditors can be set aside.

Kinds:

• Ownership Types: Incorporeal and Corporeal: The possession of a material object is known as corporeal ownership, and the ownership of a right is known as incorporeal ownership. Corporeal ownership is the possession of a home, a table, or a machine. Copyright, patent, and trademark ownership are examples of incorporeal ownership. There is a relationship between the difference between incorporeal and corporeal objects and the difference between corporeal and incorporeal ownership. The term "incorporeal ownership" refers to ownership of material objects. Intangible objects that are perceived and felt by the senses are referred to as corporeal objects. Ownership of encumbrances and intellectual property is encompassed within incorporeal ownership.
   
• Beneficial Ownership and Trust: One example of duplicate ownership is trust ownership. Property that is jointly owned by two people is known as trust property. Due to the nature of their relationship, one of the owners is required to use their ownership for the advantage of the other. Beneficial ownership is the term for the ownership. Although a trustee has nominal and unreal ownership, the trustee legally represents his beneficiary. One owner is obligated to use his ownership for the advantage of the other in a trust because of the nature of their connection. The former is referred to as the trustee and is the owner of a trust.
   
• Equitable and Lawful Ownership: Equitable ownership derives from the norms of equity, whereas legal ownership is derived from common law regulations. When there is a legal flaw that prevents the law from recognizing ownership, equity frequently does. While equitable rights are enforced in personam since equity acts in personam, legal rights may be enforced in rem. For a given property or right, one individual may simultaneously be its equitable owner and its legal owner.

Possession
They developed a sense of pride in owning those items and were unwilling to let strangers meddle with them. They were committed to maintaining constant control over the exclusion of every other person. And from modest beginnings, the idea grew, and presently, significant advancements have been achieved in this regard. It's a crucial idea from a legal perspective as well. It is argued that there is no notion in the realm of law as complicated as possession because there are countless legal ramifications that arise from the acquisition and loss of possession.

Additionally, the following is how the idea is included in Section 110 of the Indian Evidence Act of 1872:

Ownership burden of proof: In cases when someone is asked to prove they are not the owner of whatever they are seen to be in possession of, the onus of proof is with the person making the affirmation. Possession is, as Salmond also states, the objective realization of ownership; it is, after all, the essence of ownership. Ownership is the de jure recognition of a claim, whereas it is the de facto exercise of such right. In the B. Gangadhar v. B.R. Rajalingam case, the Supreme Court of India clarified the relationship between possession and ownership, holding that possession is the outward form that claims typically take. It is, in actuality, the legal ownership that is enforced over the object.

With the exception of the rightful owner, even someone who unlawfully owns property�such as a thief�has a good possessory right over it against the general public. This implies that one cannot use the defense of jus tertii, or third-person title, to impede another person's ownership. Even if the person in possession turns out to be wrong, it is still illegal to forcefully remove someone from their own land and re-enter it.

Elements of possession:

• Physical power of the possessor: the person in possession generally uses walls, gates, doors, etc. to prevent others from interfering in his possession. For example, a person is in possession of the money which he locks up in a safe.
   
• 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. For example, a coin in a child's hand implies possession even though he doesn't have the physical power to exclude interference with its possession.
   
• Animus Possidendi: The exercise of control over an object requires more than just physical contact; it also requires a will or desire to do so. The term animus possidendi refers to this subjective or mental component of possession. In other words, it is the possessor's deliberate goal to prevent others from interfering with his ownership rights.

It was decided in the instance of N.N. Majumdar v. State that corpus without animus is useless. A few key points regarding animus are as follows: It's not required for the animosity to be justified; it can also be unjust, as in the instance of a thief in possession of stolen property.

Kinds

1. Corporeal and Incorporeal Possession: Corporeal possession refers to the ownership of solid or tangible items, which can be immovable (such as a house or land) or mobile (such as books, cattle, or watches). Additionally, having immaterial or intangible assets like a patent, goodwill, reputation, copyright, etc. is referred to as incorporeal possession. The terms corpus and constitute the elements of corporeal possession; but, actual use of the object is not required. For instance, one can be considered to possess a ring even if they keep it locked in a safe and never use it. However, since physical control or touch with the objects in possession is not evident as an objective truth, actual, ongoing usage is thought to be required for incorporeal ownership.
    
2. Mediate and Immediate Possession: Possession of an item via a third party is known as mediate or indirect possession. If A buys a watch, for instance, through an agency or servant, he has intermediary possession of it as long as the agent or servant keeps the watch. However, A will get the watch right away if he visits the market and purchases it. Salmond has classified mediate possession into the following three categories:
   • Possession obtained by way of a servant or agent
   • Possession transferred from a renter to a borrower or hirer, with the ability to demand the item at any time.
      
3. Duplicate or Concurrent Possession: The essence of possession is exclusiveness, as was previously stated. Two people cannot simultaneously hold an adverse and separate claim to possession of the same item. However, it is feasible for two people to have simultaneous, concurrent claims to the same object, meaning that their claims are not antagonistic to one another. And in these situations, the possession is referred to be duplicate or concurrent possession. What Salmond refers to as "mediate and immediate possession," such as that of a landlord and tenant, or a bailee and a bailor, etc., is the most significant instance of concurrent possession. Another instance of concurrent possession, known in Roman law as compossessio, is the possession of co-owners.

Conclusion
It is safe to say that possession is the most basic relationship that exists between a person and an object, yet it is also one of the trickiest legal notions to understand. This is a fairly broad term that includes many different types and methods of acquisition that also address the acquisition of res nullis. It is the first-hand proof of ownership and is safeguarded by the law under the doctrine of jus tertii and other possessory remedies. Statutory remedies include those found in sections 167 and 168 of the Indian Contract Act, 1872, section 145 of the Code of Criminal Procedure, 1973, section 47 and 48 of the Sale of Goods Act, and sections 5 and 6 of the Specific Relief Act, 1963.

Written By: Akanksha

Also Read:

• Concepts Of Property, Ownership And Possession