Possession of immovable property
Querist :
Anonymous
(Querist) 02 December 2011
This query is : Resolved
what is the legal mean of possession?(immovable property)
what are the legal ways of transfer of possession?
Does occupation acquired by illegal or unlawful means/ by goondagardi can be considered legal possession in the eye of law?
V R SHROFF
(Expert) 02 December 2011
Possession can be legal , or actual.
U rightly used the word Occupation, when acquired illegally by force, and is a trespass.
It cannot be considered legal possession in the eyes of law.
Usually transfer of possession is by Registered Sale Deed, where the peaceful vacant possession is given on receiving sale consideration. It can be transferred as per Tr of Property.
prabhakar singh
(Expert) 02 December 2011
Agree with Mr. V R SHROFF!
The legal means to acquire possession may be purchase by registered sale deed or by a gift deed or by a lease deed or by a mortgage deed
etc.
The same are the mode of handing over possession also.
Any occupation procured by Goonda gardi, though not recognized as legal,but can be protected by a law suit against an other Goonda who is not the owner.Even real owner
deprived of his possession needs to file a law suit for possession to get back his possession.
Is not it sounds funny to listen; but it is so.
M/s. Y-not legal services
(Expert) 02 December 2011
AM PASTING THIS FROM WIKIPEDIA:
The concept of possession developed from a legal system whose principal concern was to avoid civil disorder.
The general principle is that a person in possession of land or goods, even as a wrongdoer, is entitled to take action against anyone interfering with the possession unless the person interfering is able to demonstrate a superior right to do so.
"so you can fight for your rights before law.."
prabhakar singh
(Expert) 02 December 2011
@Dear Tom!
you must have heard "possession is the 9 point of law"Why????
Because in the beginning we did not own!
We simply roamed but our addiction to stay in night at a comfortable place give birth to possession and dispute to possession gave birth to concept of ownership.This is the only basic.
Now you can add some thing more in wiki which is an open source and has been created by contribution of people like you and me.
M/s. Y-not legal services
(Expert) 02 December 2011
OK PRBHAKAR SIR., i will correct my self., even i have to verify this with our law.,
Advocate. Arunagiri
(Expert) 02 December 2011
If the possession is given by a lawful authority / title holder, that is called legal possession. To evict this person, you have to file a eviction case.
If the possession is obtained other than the means described above, it is called tresspassing. This person can be thrown out by a criminal case.
