Possession is the Nine Point of Law

  • R. Prerna
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  • R. Prerna

    Research Scholar at Amity University, Haryana, India

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Possession is the most difficult concept. Possession means physical control of a person over a thing. Possession shows the relation of a person over the thing. Possession is the evidence of ownership unless contrary is proved. In the eyes of law, the person who holds possession over material things has got nine points out of ten and he is considered to be the owner of that thing unless someone else questions his possession over that thing. According to Henry Maine, possession involves the physical contact with an object with the intention of excluding others from such object. When any object comes under the possession of any person, he becomes entitle to some rights and duties depending upon the circumstances. Hon’ble Supreme Court observed that possession is the evidence of ownership. Therefore possession is the direct relation of a person with the material thing. Possession may be legal or illegal, direct or indirect, mediate of immediate etc.. Possession is the difficult concept because the person even if in the wrongful possession of an object is considered legally entitled to that object. Possession is the subject of great interest and therefore needed to be carefully interpreted.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 3826 - 3835

DOI: https://doij.org/10.10000/IJLMH.11880

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