Course Name- B.A.LL.B 6th sem
Subject- Jurisprudence
Teachers- Mrs. Aakanksha
Concept- Ownership and Possession
Ownership
Jurists have defined ownership in different ways. All of them accept the right of ownership as
the complete or supreme right that can be exercised over anything. Thus, according to Hibbert
ownership includes four kinds of rights within itself.
• Right to use a thing
• Right to exclude others from using the thing
• Disposing of the thing
• Right to destroy it.
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.
Austin’s definition has been followed by Holland. He defines ownership as plenary control
over an object. According to him an owner has three rights on the subject owned
1. Possession
2. Enjoyment
3. Disposition
Planetary control over an object implies complete control unrestricted by any law or fact. Thus,
the criticism levelled against Austin’s definition would apply to that given by Holland in so far
as the implication of the term “plenary control” goes.
Salmond’s Definition:
According to the Salmond ownership vests in the complex of rights which he exercises to the
exclusive of all others. For Salmond what constitute ownership is a bundle of rights which in
here resides in an individual. Salmond’s definition thus point out two attributes of ownership:
• Ownership is a relation between a person and right that is vested in him
• Ownership is incorporeal body or form
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.
Accessory that is when requisition of ownership is the result of accession. For example, if three
fruits, the produce belongs to the owner unless he has parted with to the same. When ownership
is derived from the previous version of law then it is called derivate acquisition. That is derived
mode takes place from the title of s prior owner. It is derived either by purchase, exchange,
will, gift etc.Indian Transferee Acts of property rules for the transfer of immovable property,
Sale of goods Acts for the transfer of property of the firm and the companies Act for the transfer
of company property.
SUBJECT MATTER OF OWNERSHIP
Normally ownership implies the following:
1. The right to manage
2. The right to posses
3. The right to manage
4. The right to capital
5. The right to the income
CHARACTERISTICS OF OWNERSHIP
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 OF OWNERSHIP
There are many kinds of ownership and some of them are corporeal and incorporeal ownership,
sole ownership and co-ownership, legal and equitable ownership, vested and contingent
ownership, trust and beneficial ownership, co- ownership and joint ownership and absolute and
limited ownership.
Subject- Jurisprudence
Teachers- Mrs. Aakanksha
Concept- Ownership and Possession
Ownership
Jurists have defined ownership in different ways. All of them accept the right of ownership as
the complete or supreme right that can be exercised over anything. Thus, according to Hibbert
ownership includes four kinds of rights within itself.
• Right to use a thing
• Right to exclude others from using the thing
• Disposing of the thing
• Right to destroy it.
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.
Austin’s definition has been followed by Holland. He defines ownership as plenary control
over an object. According to him an owner has three rights on the subject owned
1. Possession
2. Enjoyment
3. Disposition
Planetary control over an object implies complete control unrestricted by any law or fact. Thus,
the criticism levelled against Austin’s definition would apply to that given by Holland in so far
as the implication of the term “plenary control” goes.
Salmond’s Definition:
According to the Salmond ownership vests in the complex of rights which he exercises to the
exclusive of all others. For Salmond what constitute ownership is a bundle of rights which in
here resides in an individual. Salmond’s definition thus point out two attributes of ownership:
• Ownership is a relation between a person and right that is vested in him
• Ownership is incorporeal body or form
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.
Accessory that is when requisition of ownership is the result of accession. For example, if three
fruits, the produce belongs to the owner unless he has parted with to the same. When ownership
is derived from the previous version of law then it is called derivate acquisition. That is derived
mode takes place from the title of s prior owner. It is derived either by purchase, exchange,
will, gift etc.Indian Transferee Acts of property rules for the transfer of immovable property,
Sale of goods Acts for the transfer of property of the firm and the companies Act for the transfer
of company property.
SUBJECT MATTER OF OWNERSHIP
Normally ownership implies the following:
1. The right to manage
2. The right to posses
3. The right to manage
4. The right to capital
5. The right to the income
CHARACTERISTICS OF OWNERSHIP
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 OF OWNERSHIP
There are many kinds of ownership and some of them are corporeal and incorporeal ownership,
sole ownership and co-ownership, legal and equitable ownership, vested and contingent
ownership, trust and beneficial ownership, co- ownership and joint ownership and absolute and
limited ownership.
