possession

Dear Shankar,

Excellent question!



Your question assumes that the phrase actually refers to a set of known laws.



First, the phrase, which typically goes, ?Possession is NINE-TENTHS of the law? (rather than ??nine POINTS of the law?), is a very old (probably ancient) saying that,  It merely serves to make a point that one who has physical control of his property is clearly at an advantage should

his rightful ownership of the property ever be subject to challenge.



The old saying that ?possession is nine tenths of the law? is said to be a precept from old English Common Law (but other sources claim it

is much older). As you might imagine, the adage relates to a property owner?s ability to possess, use and dispose of property as he saw fit.

It is relative to one person telling another person who he can and cannot utilize his property, rather than a disputed ownership.



Secondly, the aphorism that "possession is nine-tenths of the law" is not a law at all, but a logical rule of force that has been recognized

for ages. In other words, it does not requires a law degree to know that a person who can prove himself the owner of property to an assurance of nine-tenths probability is clearly at an advantage over

someone who cannot. The rule here is (or ?was? perhaps, back when the world was probably a bit more honest than it is today) that in many

cases physical possession alone establishes this measure of rightful ownership and legal control outside of court (Though we know is this

day and age that the rule doesn?t always hold true, don?t we?  This in itself proves the adage is not an actual law, but a rule of thumb.)



In civil law consider Law.com?s definition of ?possession?. It has very little to do with OWNERSHIP at all:



The phrase ?possession is nine-tenths of the law? does not imply that any person who holds any property is the rightful owner. To the

contrary?what it does imply is that any person who is in possession of his RIGHTFULLY OWNED PROPERTY is the sole controller of that property

and may do whatsoever he wishes without regard to what any one else wishes.



 1) any article, object, asset or property which one owns,

occupies, holds or has under control.

2) the act of owning, occupying,

holding or having under control an article, object, asset or property.

"Constructive possession" involves property which is not immediately

held, but which one has the right to hold and the means to get (such

as a key to a storeroom or safe deposit box). "Criminal possession" is the holding of property which it is illegal to possess such as

controlled narcotics, stolen goods or liquor by a juvenile. The old adage "possession is nine-tenths of the law" is a rule of force and

not of law, since ownership requires the right to possess as well as actual or constructive possession.?

LAW.COM

https://dictionary.law.com/default2.asp?selected=1555&bold=%7C%7C%7C%7C



So, as you can see, ?Possession is nine-tenths of the law? is not a

law at all, nor does it in reality point to nine specific issues of

law. It is only a fundamental truism that has been an obvious fact of common knowledge since the advent of civilized law. Even then, possession is only ?nine-tenths of the law? if legal ownership is

established; otherwise possession is not ?nine-tenths of the law?. . . it is theft.



 Thank you for bringing your question to us.At the sametime for other Law experts discussion.



Best regards;

Shree.







INFORMATION SOURCES



LAW.COM

https://dictionary.law.com/default2.asp?selected=1555&bold=%7C%7C%7C%7C



JURISDICTIONARY

https://www.jurisdictionary.com/dictionary/dictionary%20p.htm

Possession is nine-tenths of the law.

Answered By: tutuzdad-ga on 17 Mar 2005 07:12 PST in Google answers is the correct one. Pl. gothrough "Google" answers 

If you are unclear about any aspect Take it away from others for understanding the aspect its not a sin.

Sametime Mr.KCS, thanks for your feedback and for past 2 days it is unable to modify the message otherwise i would provided the link .

I am not Law expert like you to answer all queries and i havent gathered experience like you. But after going through your answers in this LCI forum,being a big fan of yours, I am learning and gaining more experience like members like you and from other members.

Rds,

Shree.

Link for the answer possession is the nine points

https://answers.google.com/answers/threadview?id=496059