Some important means of acquiring possession

(i) Mediate and Immediate Possession:

Possession over a thing may be mediate or immediate. A thing possessed by a person directly or personally is said to be in immediate posses­sion while a thing possessed by a person through another man is said to be in mediate possession.

According to Salmond there are three kinds of Mediate Possessions:

1. The first mediate possession is acquired through servant or agent. Here agent or servant retains the possession on behalf of the principal. They don’t have any personal interest in the thing possessed. The thing still carries in itself interest or claim of the owner.

2. Second kind of mediate possession is where an object is held by a person on his own behalf as well as on another behalf but recognises the superior right of the latter, who can obtain in whenever he choose to demand.

3. This third type of mediate possession is where the immediate possession of the object is with a person who claims over an object until some time has elapsed or some conditions have been fulfilled. The person in immediate possession acknowledges the title of the per­son for whom he holds the thing and is prepared to return it on the fulfillment of the condi­tion.

(ii) Corporeal and Incorporeal possession:

Corporeal possession is a relation between a person and material thing. For corporeal possession existence of material thing is essential.

Incorporeal possession is a possession of right or claim.

However, this difference does not seem sound, as the possession of an object involves consid­erable degree of right over the object; similarly incorporeal possession involves an object directly or indirectly in its sphere. In the words of Irving, both form of possession consists in the exercise of right over them.

Possession may be further divided into two parts – possession in fact or de-facto possession and possession in law or de-jure possession.

(a) Usually possession exists in fact as well as in law. As for example, if A is in possession of a house and this possession is protected by law then he will be in de-jure possession of the object, it can’t be interfered.

(b) Sometimes possession exists in fact but not in law as for example, things possessed by servant on behalf of the master, this form of possession is termed as custody or detention.

(c) Sometime possession exists in law but not in fact. For example if A keeps his good in house of B and locked the room retaining only key in his possession. In this case A is in possession of the good, this type of possession is termed as constructive possession.

Means of acquiring possession

Possession may be acquired in any of the following types:

Taking:

“Taking” is a mode of acquiring possession. Significance of “Taking” lies in the fact that it involves only the act of the person who takes the possession. Taking may be original or derivative. It will be original if the thing which has been taken in possession has no previous owners, in case the thing taken has previous owner then it will amount to derivative taking.

Taking may be rightful or wrongful, as for example A seizes the goods of this tenant who has not paid the rent then this is rightful taking even if it is against the will of tenant. But if a thief takes away car of somebody else it will be a wrongful taking. Thus in both the cases act is on the part of the person who takes the possession and in both cases act is done against the will of the previous possessor but the justification and un justification of the acts make them rightful and wrongful.

Delivery:

The possession is acquired through delivery when the previous possessor gives or relinquishes the thing possessed in favour of another person. Delivery signifies the consent of the previous owner. Delivery of the good may be actual or constructive.

It is said to be actual delivery if the previous possessor transfers the immediate possession of the goods itself. If A sells his car to B and delivers it to B, it is an example of actual possession.

All deliveries not covered within the sphere of actual deliveries come within the constructive delivery. In constructive possession no transfer of the thing possessed by the previous owner takes place. If A hands over key of his house to B with the intent to deliver the house, B is in constructive possession of the house.

Attornment:

One form of constructive delivery is known as “attornment”. Here transfer of medi­ate possession takes place while the immediate possession remains with third party.