Upgrad LLM

possession

advocate

 Plz explain Possession is Nine-tenth of Ownership?

 
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Advocate

Possession is an evidence of ownership. Its transfer is one of the chief mehods of transferring ownership. The possession of  thing ( even if it is wroungful) isa good title against te whole world except the real owner. That is why it is said that "possession is the nine points of the Law. But Nine-tenth of ownership I have no ideas.


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Advocate

Please correct me if I am wroung and let me know that 9-10th ownershi[.

 
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Advocate

Sir i think it will not be technically correct to call possession as an evidence. Rather a person having possession is normally presumed to be the owner. Law always protect possession. See section 110 of evidence act, section 5 to 8 of specific relief act

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Advocate

Ok Goyal, but before claiming possession you have to prove primafacie title and until you have that possession from where can you bring your title to the property, that is why possession is an evidence and that tiltle is good against the whole world except the real owner, it no where exclude the real owner who can claim better title by evidence..


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advocate

Pssession is footed in high place in law. Even if you have no title and you have uninterrupted peacefull possission on a private land for 12 years and 30 years on state land. You have good chace to suceed in case. 


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Advocate

Arvind, you mean adverse possession right?

 
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advocate

 Thank you evryone........but i jus wanted 2 clarify whether is it same as being called as "nine points of law" or not? By nine-tenth of ownership i feel it means that Possession is the main ingredient for ownership and is considered to be at high place and that is y it is termed to be a good title against the whole world except the real owner. please correct me or clarify further.

 
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Retired

 If the property is in possession of 'A' and "B" comes up with a WILL, still the possessor is said to be in 9/10th possession? Is there any periodicity for probate of a WILL?

 
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Nationalist

Ritu madam, Please find it attached a judgement of Hon'ble Supreme Court, this may be useful.



Attached File : 36 36 rame gowda d by lrs vs m varadappa naidu d by lrs anr on 15 december 2003.pdf downloaded 124 times

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