Possession is the prima facie evidence of ownership. Salmond remarked: "Possession is the de facto relation between a person and a thing."
1. Two Essential Elements of Possession
For possession to exist in the eyes of law, two elements must concur:
- Corpus Possessionis (Physical Element): The physical power to control the object and exclude others from interfering with it.
- Animus Possidendi (Mental Element): The conscious intention to hold the object as an owner, excluding the rest of the world.
2. Kinds of Possession
- Mediate and Immediate Possession: Mediate possession is held through another person (e.g., a landlord through a tenant). Immediate possession is held directly by oneself.
- Corporeal and Incorporeal Possession: Corporeal is the possession of physical objects (land, car). Incorporeal is the possession of non-physical rights (copyrights, easements).
- Possession in Fact (De Facto) and Possession in Law (De Jure): De Facto is physical custody; De Jure is possession recognized by the legal system.
3. Adverse Possession: 12-Year Limitation
Adverse Possession is a doctrine under which a person in continuous, open, and hostile possession of another's land for a statutory period (12 years under the Indian Limitation Act, 1963) acquires legal title over it.
The possession must be:
"Nec vi, nec clam, nec precario" — meaning without force, without secrecy, and without permission from the original owner.