Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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ritu bhadana (advocate)     10 December 2009


 Plz explain Possession is Nine-tenth of Ownership?


 12 Replies

N.K.Assumi (Advocate)     10 December 2009

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.

1 Like

N.K.Assumi (Advocate)     10 December 2009

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

Anish goyal (Advocate)     10 December 2009

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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N.K.Assumi (Advocate)     10 December 2009

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..

1 Like

Arvind Singh Chauhan (advocate)     10 December 2009

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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N.K.Assumi (Advocate)     10 December 2009

Arvind, you mean adverse possession right?

ritu bhadana (advocate)     10 December 2009

 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.

Anil Agrawal (Retired)     10 December 2009

 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?

Bhartiya No. 1 (Nationalist)     11 December 2009

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: 174 times
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N.K.Assumi (Advocate)     11 December 2009

Thank you for the attachment.

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jastej singh (self)     07 January 2012

i was trying to find some judgments on this point. thanx a lot @ Bhartiya. anyhow are there anymore judgments that are exactly on this topic. i need it urgently becoz the case is coming up on tuesday i.e 10.01.2012. thanx again

Anil Agrawal (Retired)     07 January 2012

That is why China is now the owner of Aksai Chin, India that of J&K, Pakistan that of Azad Kashmir, China that of Tibet etc. etc.

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