Modes of acquisition of Possession

Modes of acquisition of Possession

The primary modes of acquiring possession are by taking (occupation), delivery, and operation of law. Taking involves acquiring possession of a thing without a previous possessor or against their will, while delivery is a voluntary transfer of possession from one person to another. Operation of law refers to possession acquired through legal processes or events. 

Taking (Occupation):

This involves acquiring possession of a thing without a previous possessor or against their will. 
It can be:
Original: When the thing being taken control of had no previous possessor (e.g., finding abandoned property). 
Derivative: When a person occupies an object that has a possessor, but against the possessor's will, which is usually a wrongful act. 

Delivery:

This is the voluntary transfer of possession from one person to another. 
It can be:
Actual delivery: Physically handing over the object. 
Constructive delivery: Transferring possession even without a change in physical custody of the goods. 

Operation of Law:

Possession is acquired through legal processes or events, such as inheritance, prescription, or court orders. 
For example, inheriting property from a deceased person is an acquisition of possession by operation of law. 

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