Unit I · Topic 6Concepts of property, ownership and possession – Previous Year Questions

Ans. (c) : I and II are correct

Explanation: Legal ownership is that which originates from the rules of common law and equitable ownership originates from the rules of equity. The ownership which law recognizes is called legal ownership and that which equity recognizes is called equitable ownership. Sometimes it happens that equity recognizes ownership, but due to some legal defects, law does not recognize ownership.

Ans. (b) : Both (A) and (R) are true and (R) is not the correct explanation of (A)

Explanation: According to Austin, ownership is such a right over a definite thing which is indefinite in point of user, unrestricted in point of disposition, and unlimited in point of duration. The incidents of ownership are as follows — (1) Right of possession. (2) Right of enjoyment of property. (3) Right of alienation of property. (4) Ownership is indefinite in duration. (5) Ownership is residuary in nature.

Ans. (a) : 'X'

Explanation: The present problem is based on Bridges v. Hawkesworth (1851), according to which X plaintiff would be entitled to possession of those notes. Because the defendant did not have prior possession of those bank notes which could be effective against the plaintiff's claim.

Consider the names of the following natural law jurists: 1. 2. 3. 4.

Morris Stammler Rawls Jerome Hall

Ans. (c) : (A) is true, but (R) is false

Explanation: Ownership is either vested or contingent. It is vested when the title of the owner is complete, it is contingent when it is conditional upon the fulfilment of some condition. In the case of vested ownership all the conditions or requirements relating to acquisition of ownership are fulfilled and there is no difference between possession and ownership from the point of acquisition and its acquisition takes place in two ways — (i) By operation of law (ii) As a result of some act or event

Ans. (a) : theft

Explanation: The present problem is based on theft under Section 378 of the I.P.C. The essential elements of Section 378 are — (1) intention to take the property dishonestly (2) the property is movable (3) it is taken out of the possession of another person (4) it is taken without consent (5) property is moved from one place to another.

Consider the names of the following jurists associated with sociology of law and sociological jurisprudence: 1. 2. 3. 4.

Max Weber Leon Duguit Ehrlich Ihering

Ans. (d) : Animus possidendi

Explanation: There are two main elements of possession — (1) Corpus, and (2) Animus of possession

The mental intention of holding possession is called the mental intention to hold possession. Until the mental intention is not coupled with physical control, possession is not considered complete.

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Ans. (c) : nine point in ownership

Explanation: Possession is the ninth point of ownership. According to Salmond, possession is the most fundamental relationship between persons and things. Under law, possession is considered the first prima facie evidence of ownership. That is why Salmond called possession the ninth point of ownership.

Ans. (d) : 'Y' (the shop owner)

Explanation: In the present problem the bag will be considered in the possession of 'Y' (the shop owner). Because there are two main essential elements of possession — the corpus of possession and the animus of possession. In the present problem both corpus and animus, that is physical control and the intention to control, belong to 'Y'. Therefore the bag is in the possession of 'Y'.

Ans. (c) : Holland

Explanation: According to Holland, ownership is plenary control over an object. According to Holland, an owner has three powers in relation to a thing — (1) power to hold possession. (2) power of enjoyment. (3) power of ownership. Holland also accepted like Austin that the right of ownership can be curtailed by the right of the state and the right of other persons.

Ans. (b) : a property of someone else

Explanation: Re aliena means a right in the property of another, that is, a right over someone else's property. Examples of such rights are — (a) Right of easement (b) Right of preemption

Ans. (b) : The holder of property need not be the owner

Explanation: On the basis of "the one who holds the property is the owner" it can be said that the holder of property need not be the owner because property can also be held through possession and the holder need not be the owner.

Ans. (b) : Both (A) and (R) are true but (R) is not the correct explanation of (A)

Explanation: Both A and R are true but R is not the correct explanation of A because in India the distinction between legal and equitable ownership is not recognised and the trustee, being subject to trust and trustee law and the trustee's directions, is bound to carry out the trust.

Ans. (c) : Salmond

Explanation: Jurist Salmond of the analytical school said that "ownership in its comprehensive sense denotes the relation between a person and any right that is vested in him, and any right that is included among the relations between them. That which a person owns in this sense is in all cases a right."

Ans. (b) : Both (A) and (R) are true, but (R) is not the correct explanation of (A)

Explanation: Ownership is not only a legal concept but also a social concept. It is also a means of social policy. It is true that the right of alienation is not a necessary incident of ownership; it is only a right of use.

Ans. (c) : Corpus possessionis

Explanation: The physical element of possession is also called Corpus possessionis. The mental element of possession is called Animus possidendi.

Ans. (c) : (A) is true, but (R) is false

Explanation: Possession with a subsequent condition is vested ownership. It is true. But possession and ownership do not differ in their mode of acquisition — this is not true, they actually differ.

Ans. (c) : Movable property

Explanation: Ownership of physical objects by a person is called corporeal ownership. Therefore corporeal ownership can be had over movable property. Land, house and coins are related to corporeal property. While patent, copyright, debt etc. are related to incorporeal ownership.

Ans. (b) : A-1, B-4, C-2, D-3

Explanation: Correct matching — (A) Kent — Man by taking possession has brought the object within his sphere of will. (B) Hegal — It is essential of preservation of peace. (C) Hollard — In possession there is manifestation of individual's will. (D) Savigny — Every act of violence is unlawful.

Ans. (a) : I, II and III are correct

Explanation: Legal ownership is that which originates from the rules of common law and equitable ownership originates from the rules of equity. The ownership which law recognizes is called legal ownership and that which equity recognizes is called equitable ownership. Sometimes equity recognizes ownership but due to some legal defects, law does not recognize ownership.

Ans. (a) : Holmes

Explanation: Holmes defined possession in the following words — to gain possession a man must stand in a certain physical relation to the object and to the rest of world and must have a certain intent.

Ans. (d) : Statement I is false but Statement II is true

Explanation: The question of derivative acquisition arises where the property was previously in someone's ownership. Where someone accepts a transfer of title from a former owner, in such acquisition the acquisition of property — inheritance (whether testamentary or intestate), transfer between living persons, acceptance of gift etc. are included. Thus inheritance is a means to ownership.

Ans. (b) : a property of someone else

Explanation: When a person has a right over his own property, it is called right in re-propria, but when a person has a right over another person's property, it is called Right in re-aliena. A landowner has a right over his own land, but his right over the adjacent land of another is called a right in re aliena. Right in re aliena is called an encumbrance.

Ans. (a) : long adverse possession confers title even to a property which originally belonged to another

Explanation: The five types of possession are — (1) Corporeal and incorporeal possession. (2) Immediate and mediate possession. (3) Concurrent possession. (4) Constructive possession. (5) Adverse possession — according to which when a person gets possession of any land on behalf of another person but later claims his right on it by showing himself as the real owner, such obtained possession is called adverse possession.

Ans. (c) : Incorporeal ownership

Explanation: Incorporeal ownership is that ownership whose experience cannot be had through the senses. The subject matter of incorporeal ownership is not a tangible object but an intangible concept like rights — copyright, patent etc. Whereas corporeal ownership refers to ownership of physical objects which can be seen, tested and touched by the senses. Ownership of Goodwill of a business is incorporeal ownership.

Ans. (b) : Indefinite in point of user

Explanation: With reference to indefinite in point of user, Austin described ownership as a right over a determinate thing.

Ans. (c) : (A) is correct but (R) is false

Explanation: Savigny while propounding the possession theory based on Paul's views said that there are two elements for possession — corpus and animus. Physical element means physical control over the object while animus means the mental intention to hold the object. Thus a person on whose object possession exists is generally taken as the owner. Ownership is the most supreme right arising from property.

Ans. (d) : Infinity and Antiquity

Explanation: Infinity and Antiquity is an essential element of custom. De facto and De jure, concurrent and duplicate, and corporeal and immediate are types of possession.

Ans. (c) : Ihering

Explanation: The present statement is said by sociological jurist Ihering. According to Ihering, it is not necessary to consider the basis of possession physically. Physical control of possession cannot be recognised on the basis of physical identity alone. According to Ihering, a person looks like an owner in relation to any object in the condition where he is usually the owner of that object. This is the only general full sense of the fact of possession.

Ans. (c) : Both existence and ownership of rights

Explanation: Under jurisprudence, the equitable ownership of legal right differs from equitable right ownership which shows that — (i) Some collective rights in secondary and traditional sense can be said to be ownership. (ii) In primary and complete sense ownership means physical control over objects. (iii) In a broader sense, ownership means the complete enjoyment of all the rights vested in a person which he can exercise against other persons. From the above it becomes clear that the existence and ownership of rights in equity and law differ from each other.

Ans. (c) : (A) is true but (R) is false

Explanation: Possession is not like ownership. Possession is only the ninth point of ownership and possession is lesser than ownership. Therefore (A) is true but (R) is false because the legal presumption is that if a person has possession of something then he is taken to be the owner of that thing.

Ans. (c) : A-2, B-4, C-1, D-3

Explanation: Correct matching — Principal deposits goods with an agent — Mediate possession Buyer purchasing a book from the shopkeeper — Immediate possession Owner losing his watch — Corporeal possession Author's copyright to his work — Incorporeal possession

Ans. (b) : (A) and (R) are true, but (R) is not the correct explanation of (A)

Explanation: The most important power of an owner is the right to exclude others. An owner can give many of his rights to another and yet remain an owner. According to Hibbert, under ownership four types of rights are included — 1. 2. 3. 4.

Right to use a thing. Right to exclude others from that thing. Right to alienate that thing, and Right to destroy that thing.

Ans. (a) : If 'A' leaves his car with the driver, the driver's possession would be immediate whereas 'A's possession would be mediate.

Ans. (b) : Both the above statement and reason are correct — the most important power of an owner is the right to exclude others and an owner can grant many of his rights to others and still remain owner. Ownership is the totality of rights, and if some rights are given to another such as possession or right to use, the person still remains the owner.

Ans. (c) : This problem in jurisprudence is related to possession. In the present problem, the bag is in Y's (owner's) physical and mental control, so the bag will be considered in Y's possession. According to Salmond, possession has nine elements out of ten.

Ans. (c) : According to Salmond, possession which a person acquires directly and personally is called immediate possession, and possession which is obtained through another person or medium is called mediate possession. Possession is of the following types: 1. 2. 3. 4.

Corporeal and incorporeal possession Concurrent possession Derivative possession Adverse possession

Ans. (b) : The following correct statements regarding ownership are:

1. Ownership can be legal and equitable ownership.

2. Ownership can be absolute and limited ownership.

3. Ownership can be trust and beneficial ownership.

Ans. (c) : Criticising Hobbes' social contract, Locke said — "The rights of man's livelihood, freedom, and property cannot be separated from him. Therefore these rights cannot be transferred to the state by any contract." In fact, it is for the purpose of protecting these rights that they enter into a contract and give birth to the state.

Ans. (c) : Savigny described two elements of possession: (1) Corpus possessionis (physical control) (2) Animus domini (intention)

Ans. (a) : Holland, defining ownership, said that ownership is plenary control over an object. Ownership is either vested or contingent.

Ans. (c) : Holland defined ownership as plenary control over an object. According to him, ownership can be exercised not only over physical objects but also over non-physical objects.

Ans. (b) : Austin, defining ownership, said that ownership is a right over a determinate thing indefinite in the point of user, unrestricted in point of disposition and unlimited in point of duration.

Answer: (a) Both A and R are correct and R is the correct explanation of A

Answer: (a) (A), (C) and (E) Only

Answer: (c) A conception

Answer: (c) Servitudes

Answer: (c) Salmond

Explanation: Salmond emphasized that ownership is not of a thing, but of a bundle of legal rights over it. His focus on legal rights forms the basis of this definition.

Answer: (a) Both A and R are correct and R is the correct explantion of A

Answer: (c) A-II, B-I, C-IV, D-III

Explanation: Matching each landmark jurisprudence/common law case on Possession and Finding from List I to its popular case designation or subject matter in List II:

• A. R. v. Riley (1853) II. Lamb Case:

In this famous criminal law and jurisprudence case on continuous trespass and possession, a man unintentionally drove another person's lamb along with his flock of sheep into his field. The decision illustrates the concept of continuing trespass and animus/corpus of possession.

• B. South Staffordshire Waterworks Co. v. Sharman (1896) I. Gold Rings Case:

The defendant was employed to clean out a pool of water on the plaintiff's land and found two gold rings embedded in the mud at the bottom of the pool. The court held that the occupier of the land possessed everything attached to or under the land, giving the landowner a superior right over the finder.

• C. Cartwright v. Green (1803) IV. Desk Repairing Case:

A bureau (writing desk) was delivered to a carpenter/repairman for repairs. The repairman discovered 900 guineas hidden in a secret drawer of the bureau and appropriated the money. The court held him guilty of larceny, establishing key principles regarding possession of hidden contents within bailed goods.

• D. Armory v. Delamirie (1722) \longrightarrow III. Chimney Cleaner’s Case:

A chimney cleaner's boy found a jewel while sweeping a chimney and took it to a goldsmith's shop for valuation. The jeweler removed the stone and refused to return it. The court laid down the rule that the finder of an object has a right to possess it against all the world except the true owner.