When the possession of property is said to be acquired and how to prove the same? Amaresh Patel BASICS OF LAW Fri, Feb 05, 2021, at ,08:14 PM Possession is acquired whenever the two elements of corpus and animus are existent and the loss of either of these elements will usually end to destroy possession. There are three known modes of acquiring possession which are as follow;1. Taking: Taking is the acquisition of possession without the consent of the previous owner. Taking may either be rightful or wrongful. It is not necessary that the thing taken in possession must necessary be already in possession of any previous owner. For instance, res nullius, that is, a thing belonging to none, has no previous possessor. Taking may be original or derivative. The taking is original when the object taken has no owner (res nullius) e.g, when a man catches a wild animal or a bird etc. When the possession of a thing which already has a previous owner is taken, it is derivative taking. This derivative taking may be rightful or wrongful. As pointed out by Professor Keeton, “where an inn-keeper sizes the good of his guest, who has failed to pay his bill, there is an acquisition of possession against the will of the previous possessor, but it is rightful taking of possession. But where a thief steels a watch, it is an acquisition of possession against the will of the previous owner, but it is wrongful, i.e, not in pursuance of legal right.”2. Delivery: When a person acquires possession with the consent or co-operation of the previous owner, it is known as acquisition of possession by delivery. Delivery is of two kinds, namely, (i) actual and, (ii) constructive. Actual delivery is the transfer of immediate possession. It involves of a thing from the hands of one possessor to another. Actual delivery involves immediate transfer of possession such as scale. The delivery of a chattel (thing) on loan or deposit is also an example of actual delivery wherein there is transfer of immediate possession but the mediate possession is reserved with the transfer.3. Operation of law: Possession may also be obtained by operation of law. This happens when possession changes hands as a result of operation of law. For example, if a person dies, the possession of his property is transferred to his successor and legal heirs. It may be noted that long, continuous and interrupted adverse possession for period of twelve years extinguishes the claim of title of true owner and adversary’s adverse claim is established. This effect of lapse of time of titles is called, ‘prescription’ which is acquisitive or position is respect of the person in whose favour the right is created and extinctive or negative in respect of the person whose right is lost or destroyed.Possessory RemediesPossessory remedies are those remedies which are available for the protection of possession even against the ownership. A wrongful possess who is deprived of his possession even by the owner otherwise than in due process of law can recover it from his simply on the ground of his possession. The true owner who retakes possession must first restore it to the wrongdoer and then proceed to recover it on the basis of law. Thus, remedy to recover possession is called ‘possessory remedy’ and it is provided by statutes.The object of possessor remedies are three fold:1. To prevent the evils of violent self-help. These are thought to be serious that they must be discouraged by taking away all advantages which one may derive from it. Not even the owner can get by force what is his own, except is due course of law.2. To remedy the serious imperfection of early proprietary remedies. The procedure by which an owner recovers his property under early law was cumbrous, dilatory and inefficient. The possessor is thus in an advantageous position and the law forbids any person to take any advantage by force; and3. To remedy the difficulty of the proof of ownership. In the absence of registration of title, it was difficult to prove ownership. The processor, therefore, has the advantage over anyone who claimed the property from him. In India, Section 145 of the Code of Criminal Procedure, 1973, and Section 6 of the Specific Relief Act, 1963 protect possession. Under the above provisions, in case of dispossession, possession is restored by law to the dispossessed person if he has been dispossessed without his consent of immovable property otherwise than in due course of law. The claimant has to prove his title separately in a court of law. Section 110 of the Indian Evidence Act throws the burden of providing that the person in possession is not the owner on one who affirms that he is not the owner.