Explain the modes of acquisition of possession.

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Introduction: Possession is the most basic relation between man and things.
Possession of material things is essential to life because the existence of human
life and human society would be rather impossible without the consumption and
use of material things. Many important legal consequences flow from the
acquisition and loss of possession. Besides being prima facie evidence of
ownership, it is also one of the modes of transferring ownership. Possession is
said to be nine tenths of the law, meaning thereby that it is evidence of
ownership and he who interferes with the possession of another, must show
either title or better possessory right.
In the words of Salmond, “the concept of possession is as difficult to define as
it is essential to protect.” The word possession has many meanings, depending
upon the context in which it is used and it is therefore futile to search for a
proper legal definition of possession.
Modes of Acquisition of Possession
Possession is acquired whenever the two elements of corpus and animus are
existent and the loss of either of these elements will usually tend to destroy
possession. There are three known modes of acquiring possession, which are as
follows
• By taking. • By delivery. • By operation of law.
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 necessarily be already in possession of any
previous owner. For instance, res nullius, that is, a thing belonging to no one,
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 innkeeper seizes the goods 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 steals a watch, it is still 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, • Actual • Constructive
Actual delivery is the transfer of immediate possession. It involves transfer of a
thing from the hands of one possessor to another. Actual delivery involves
immediate transfer of possession such as sale. 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
transferor. In constructive delivery, there is no change in the position of
immediate possession. There is only transfer of mediate possession.
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 successors and
legal heirs. It may be noted that long, continuous and uninterrupted adverse
possession for a period of twelve years extinguishes the claim of title of the true
owner and adversary's adverse claim is established. This effect of lapse of time
on titles is called 'prescription' which is acquisitive or positive in 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. Thus prescription i.e., lapse of
time has two effects, one is positive and the other is negative. If the fact of
possession is destroyed due to prescription, it is negative and if the fact of
possession is present, the right is created and the prescription shall be positive.
Prescription gives a title of right to a person because of the coincidence of
possession and ownership.
Conclusion:
Possession is the most basic relation between man and things. In the words of
Salmond, “the concept of possession is as difficult to define as it is essential to
protect.” Possession is acquired whenever the two elements of corpus and
animus are existent and the loss of either of these elements will usually tend to
destroy possession. There are three known modes of acquiring possession,
which are as follows • By taking. • By delivery. • By operation of law.