Possessory title independent of Proprietorship
Possession of a property is a right recognized by law.
A person in actual physical possession of a property or any person entitled to its possession is said to possess the possessory title of the property.
This possessory title is independent of the proprietary title of the property. Possession by itself is a substantive right recognized by law and has legal advantages attached to it apart from the true owner’s title.
The right to possession is a heritable right and a transferable right. Even the equitable relief of declaration and injunction are available to the person in possession, as against any person threatening to infringe on it. Suits of possession are generally classified as based on proprietary title and on possessory title. Section 6 of the Specific Relief Act 1963 even treats possessory title in a way better than the proprietary title, in matters where the person in possession is dispossessed without his consent, otherwise than through due course of law.
In such matters, the person in possession or any person claiming through him may, by instituting a suit within six months of dispossession, recover possession of the property, notwithstanding any other title that may be set up in defence, in such a suit. If the person holding a possessory title is sought to be dispossessed, without his consent but in due course of law, the person holding possessory title is likely to succeed as against all people except the true owner.
Article 64 of the schedule to the Limitation Act 1963 recognizes that a person holding possessory title, that is while in possession of the property, on being dispossessed, can institute a suit for possession of the property within 12 years of the dispossession. This, the person holding the possessory title can do, even if he does not have the proprietary title.
Possessory title is nothing but a title derived from possession and is good against all except rightful owner and as held by the division bench of Bombay high court in the case of Mariumbi Aslam khan vs Vithoba Yeshwanta-such possessory title has all the features of an estate in land and like any other estate, it can be transferred inter vivos [literally, between the living. It identifies a gift made during the donor’s lifetime.] and can also be acquired by inheritance.
Possession has a two-fold value—it is evidence of ownership and is itself a foundation of right to possession.
Posted on September 30, 2013, in Real Estate and tagged Builders In Delhi NCR, Builders in Greater Noida, builders in noida extension, Real Estate Company in India, Real Estate Developers in Delhi NCR, Real Estate Developers in Greater Noida, Real Estate Developers in Greater Noida West, Real Estate India, Sanjay Rastogi. Bookmark the permalink. Leave a comment.