7 Define Ownership. Discuss the various kinds of ownership.

Distinguish between possession and ownership.

INTRODUCTION: Ownership is linked with possession.
Possession is the first stage of ownership. It means for
ownership possession is necessary. Possession and ownership
both are two sides of the same coin and one cannot exist without
the other.
Ownership gives the full right over the thing. Ownership is
ultimate and final right for disposing the property. It means to
transfer that property in any way. Ownership is a relation ship
between the person and the thing. For ownership there must be a
thing and the owner of thing. The concept of ownership was
absent in the ancient society. There was also no concept of
possession too. Slowly and slowly as the society developed the
concept of possession also developed. The idea of ownership
came into existence. So this way after the progress of the
concept of ownership the person became the full owner of his
property.
DEFINITION :- Before to define the ownership we have to
discuss the various kinds of law :Roman Law :- As evident from history that the Roman Law was
the first law in the world. It is considered the ancient law. All
concepts of law begin from the period of Roman society. Under
the Roman Law the concept of ownership is defined in the form
of dominion that means to have the right control of a thing. The
concept of ownership developed in the form of a right over the
thing. Dominion is distinguished from possession. Possession
means to have possession over a thing but dominos means to
have a right over the thing.
HINDU LAW :- Hindu Law is also considered as the most
ancient law in the world. In Hindu law the concept of

ownership also has been discussed. In Hindu Law ownership is

said a , According to Hindu Law ownership means a
relationship between person and a thing. Person is called owner
and a thing is called property. Means a property which is in the
control of a person is his property.
VIEWS OF MODERN & WESTERN JURISTS
The western jurists like Austin, Holland and Salmond defined
the concept of ownership.
Austin :- According to him ownership is the relationship which
exists in between the person and the thing. This definition
resembles with the definition under Hindu Law. Austin says
that in ownership a person has the following relations with the
thing.
1.Indefinite Use :- It means to use that thing in any way whether
to use it for agriculture or for industry, residence but there is a
restriction that one cannot use ones property in such a way
which destructive in the living of others.
2.Un-restricted power of dispose:- Means to transfer that thing
or property according to his choice. He can sale or to mortgage
even to give on lease or gift to anybody. But under art.19(2) of
the Constitution reasonable restrictions can be imposed by the
Govt., in the interest of public policies.
3.Un-limited duration of time :- means the right of transfer of his
property will remain always in the name of owner. After his
death it will go to his heirs so there is no time limits.
4.Domination :- It means to have control over the thing. For this
purpose both elements of possession corpus and animus should
be there. If the conditions are there between person and the
thing and then the person is owner of that thing.

According to Holland: He defined the ownership as a plenary

control of a person over a thing. The definition also contains the
following conditions :1.Possession 2. Enjoyment
3. Disposal.
According to Salmond :- Salmond defines ownership as a
relationship between person and the right. Right means to have
a thing under possession. Thing always represents physical
objects. But right always represents a thing which is not in
physical existence like copy right and allowances are always
thing which are called property. And which are not in physical
existence.
Salmond has included all those right which are property in the
concept of ownership. In view of the above it is learnt that
Austin and Holland definitions are not complete. But salmond is
completely perfect in his definition.
KINDS OF OWNERSHIP
There are various kinds of ownership which are as under :1. Corporal and Incorporeal ownership: Corporeal and
incorporeal ownership also called material and immaterial
ownership. Corporeal ownership is the ownership of a material
object and incorporeal ownership is the ownership of a right.
Ownership of a house, a table or a machine is corporeal
ownership. Ownership of copyright a patent or a trade mark is
incorporeal ownership.
2. Sole and co-ownership:- The general principal of ownership
is that vested in one person only. But some times it vested in
many persons in other words two or more person have the right
of ownership. If only one person have right of ownership that
known as sole ownership and where two or more persons have
the right of ownership then know as co-ownership.

3. Vested and contingent ownership:- Ownership is either

vested or contingent it is vested ownership when the title of the
owner is already perfect. It is contingent ownership when the
title of the ownership is yet imperfect.
4. Absolute and Limited ownership:- means owner is one in
whom are vested all the rights over a thing to the exclusion of all
or when a person has an absolute right over his property known
as absolute ownership.
When there are limitations on the user duration or disposal of
rights of ownership the ownership is limited ownership.
5. Legal and Equitable ownership:- Legal ownership is that
which has its origin in the rules of common law. Equitable
ownership is that which proceeds from the rules of equity. Legal
right may be enforced in rem but equitable rights are enforced in
personam.
CONCLUSION
The ownership is a relationship between person and the right.
These rights include the right of possession enjoyment and
disposal of the property. If all conditions are there then it is
called Ownership.
DIFFERENCE BETWEEN POSSESSION
OWNERSHIP
POSSESSION
OWNERSHIP
1.Possession is a
1. Ownership is in right.
primary stage of
ownership which is
in fact.

&

2.Possession does not

give title in the
property defacto
exercise of a claims

2. While in ownership it gives title in

the property dejure recognisation

3.Possession is a fact. 3. Ownership is a right and superior to

possession.
4.Possession tends to
become ownership.
5.Possession
dominion corpus and
animus are necessary.
6.Transfer of
possession is
comparatively easier.

4.Ownership tends to realize itself in

to possession.
.
5.Ownership they are not necessary
because law gives full rights.
6.Ownership most of the cases
involves a technical process i.e.
conveyance deed etc.

7.Ownership always tries to realize

7. Possession is itself in possession i.e. complete thing.
nine points of law.