JURISPRUDENCE II PROJECT

THEORIES OF POSSESSION

SUBMITTED BY AJITABH
ROLL NO -906
SUBMITTED TO DR. MANORANJAN KUMAR
FACULTY OF JURISPRUDENCE
CHANAKYA NATIONAL LAW UNIVERSITY, PATNA
ABSTRACT

As with most words in the English language, the word possession has a variety of uses and a
variety of meanings. Reference to any reasonably comprehensive English dictionary provides
sufficient illustration. As a noun from the transitive verb to passes Possession is given as: the
action or fact of possessing something or of being possessed. Depending on the context, the
lexicographer maybe found to give meanings such as the holding of something as ones own:
actual occupancy as distinguished from ownership; a territory subject to a sovereign ruler or
state; the fact of being possessed by a demon; the action of an idea or feeling possessing a
person; the action of keeping oneself under control- as in self-possession. The lexicographer, in
attempting to assign the meaning of the word as used in English law, may well find himself
saying something like the following: The visible possibility of exercising over a thing such
control as attaches to lawful ownership: the detention or enjoyment of a thing by a person
himself or by another in his name; the relation of a person to a thing over which he may at his
pleasure exercise such control as the character of the thing permits, to the exclusion of other
persons.
In law, possession is the control a person intentionally exercises toward a thing. In all cases, to
possess something a person must have an intention to possess it. A person may be in possession
of some property. Like ownership, the possession of things is commonly regulated by states
under property law.

RESEARCH METHODOLOGY
Aims and Objectives:
This research paper looks at the concept of POSSESSION and various theories regarding
possession.

Scope and Limitations:

Due to space constraints, the paper is limited to a brief discussion of the points set above.

Research Questions:
1. What are the theories of possession?
2. Discuss the drawbacks in the theories of possession given by various jurists.

HYPOTHESIS
The researcher hypotheses that there are no theories of possession without any criticism and
every theory is a complete one.

Method of Writing:
An archival method of writing has been followed in the paper. Analysis based on the presented
data has been attempted.

Sources of Data:
Secondary sources of data have been used while researching for the paper.

Style of Citation:
A uniform style of citation has been followed throughout the paper.

CHAPTERISATION
1. INTRODUCTION
2. EFFECT OF ROMAN LAW IN THE CONCEPT OF
POSSESSION
3. VARIOUS THEORIES OF POSSESSION
4. CRITICAL ANALYSIS
5. CONCLUSION
BIBLIOGRAPHY