Kinds of possession

            KINDS OF POSSESSION 

Possession can be defined as the holding of things. Possession is the visible expression and main evidence of ownership. Possession is nine points in law, which means the possessor is usually presumed to be the owner of the thing possessed. In this article we will see about the kinds of possession and element of valid possession. Possession is classified into three types they are Corporeal possession and incorporeal possession, mediate and immediate possession and concurrent possession. 

Corporeal possession: 

It is the possession of a material object. It creates the continuous relationship between the person and the material object. Example: possession of land, building, books etc., 

Incorporeal possession: 

It is the continuous exercise of a claim over any immaterial object or the use of material object. Example copy right, trademark, good will etc., 

Mediate possession: 

If any person possesses a thing for and on behalf of some other person, then the first person possesses the thing as the agent of the other person. Mediate possession is further is of three types, they are as follows: 

Possession directly through an agent: 

If a person acquires possession through an agent who possesses the thing for the above person on his account and does not claim any interest of his own, then such possession is called possession directly through an agent. If we get a land from the agent on behalf of his owner. This comes under possession directly through an agent. 

Possession on both principal/master and agent/servant’s account: 

If the possession held by the agent/servant and if it is held in his account and the account of the master and if the agent recognises the superior right of the principal then it is a mediate possession on both principal and agent account. Example: tenancy at will where the tenant occupies a house at the will and pleasure of the landlord and surrenders possession to landlord on immediate notice. 

Conditional mediate possession: 

The person having the right to claim immediate possession keeps the possession with another person until the expiry of certain period or on fulfilment of certain condition. Such other person must acknowledge the title of first person for whom he holds the thing and must be prepared to deliver it, when the temporary possession comes to an end. Such mediate possession through another is called conditional mediate possession. For example: pledging the good till the debt is paid. 

Immediate possession: 

If the possession of the goods or things is held to the person directly and immediately then it is the immediate possession. For example, if the person buys a mobile phone then the shopkeeper will immediately transfer the phone to the purchaser and the possession will be changed suddenly. But if his agent gets the phone then the agent get the immediate possession of the phone and when he sees his owner gives the phone. This also an immediate possession. Mediate possession always co-exist with immediate possession, but the reverse is not true. 

Concurrent possession: 

There are three kinds of concurrent possession. They are mediate and immediate possession, possession of a thing by co-owners, corporeal and incorporeal possession. 

Example: A possess a land. B has a right of way over it. A cannot exclude B from using the way and B cannot exclude A from using the land. B’s right of using the way is incorporeal possession and A’s possession of land is corporeal possession.