Difference Between Owner Ship And Possession

Sr. No. 01 Ownership Possession The idea of ownership follows the First the idea of possession came idea of possession. into existence in the human civilization. The ownership is the de jure Possession is the de facto exercise recognition of the right over the of a claim over the property. property. Ownership is the subjective and Possession is the objective objective. It signifies the externally realization of ownership. It is the and internally. external significance of ownership. The right of alienation is an This right is not seen in possession. essential characteristic feature of ownership. The concept of ownership is used in The concept of possession is widest meaning. The owner has the narrower in this sense. The right to consume, destroy and possession has limited rights to alienate with his free will. consume, destroy and alienate. The residuary power is vested in The residuary power is not given to the owner. possessor. Ownership is the guarantee of the Possession is the guarantee of the law. facts. Ownership without possession is Possession without ownership is the right, unaccompanied by that body of fact, uniformed by the spirit environment of fact in which it of right which usually accompanies normally realizes itself. it. Ownership strives to realize itself in Possession to Endeavours to justify possession. itself as ownership. The ownership is left to seek The possessor is left with proprietary remedies. possessory remedies. The law of prescription determines The law of prescription determines the process by which, through the the process by which, through the influence of time, ownership without influence of time, possession without possession withers away and dies. title ripens into ownership. Transfer: the ownership generally Transfer: the possession, can be transferred by the way of comparatively, can easily be convincing and registration in case transferred. It does not require of immovable properties and by conveyancing. way of delivery in case of movable properties. A right in rem can be owned and A right in personam can only be possessed. But a right in personam owned, and it cannot be possessed. can only be owned. Ownership is a matter of multiple Whereas possession in singular, but rights. stronger. Salmond says: Whereas Possession is both a legal and a ownership is strictly a legal non-legal or pre-legal concept. concept..
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