Q.4 WHAT IS MEANT BY TERM TITLE AND HOW POSSESSION COULD AFFECT THE TITLE?

  WHAT IS MEANT BY TERM TITLE AND HOW POSSESSION COULD AFFECT THE TITLE?

Title

 (1) Introduction:-

 Concepts of ownership and possession are very important as far as right of a person over~some movable or immovable property is concerned. When these two concepts are united, they lead to origin of another concept i.e. concept of title. In simple words, it can be stated that basis of concept of title can be traced from very union of concepts of ownership and possession.

 (2) Definition of Title:-

 If elements such as ownership, possession and custody are united into one union, and if such union constitutes a legal right for a person to control and dispose of some property, then such union is described as title. In other words, title means legal link between an owner of property and property itself. Title is, in fact, a legal evidence of a person’s ownership rights in a property.

 (3) Kinds of Title:-

 Followings are main kinds of title:

 i) Absolute title

 ii) Adverse title

  iii) After-acquired title

  iv) Clear title

  v) Defective title

  vi) Defeasible title

  vii) Derivative title

  viii) Dormant title

  ix) Equitable title

  x) Imperfect title

  xi) Legal title

  xii) Onerous title

  xiii) Particular title

  xiv) Perfect title

  xv) Title by devise

  xvi) Title by estoppel

  xvii) Title by prescription

  (i) Absolute Title:-

 A title, which excludes all other titles to some property, is called absolute title. This title is an exclusive one to a property.

 (ii) Adverse Title:-

 When a title is acquired through adverse possession, such title is called adverse title.

 (iii) After-Acquired Title:-

 After-acquired title means a title, which is held by a person, who has bought property from a seller, who has acquired title about property only after purporting to sell the property to the buyer.

 (iv) Clear Title:-

 A title, which is free of any encumbrances, other limitations, is called clear title. It is also termed as good title. Such title is legally valid effective.

 (v) Defeasible Title:-

 Defeasible title means a title, which is voidable on the occurrence of contingency, but is not void on its face.

  (vi) Defective Title:-

 A title, which cannot legally convey property because of some conflicting claim to that property, is narrated as defective title.

 (vii) Derivative Title:-

 Derivative title can be defined as a title, which results when already existing right is transferred to a new owner. Here general principle is that a transferee of property acquires no more rights other than those rights, which the transferor had

 (viii) Dormant Title:-

 A title, which is held in respect of a property in abeyance, defined as dormant title.

 (ix) Equitable Title:-

 A title, which indicates a beneficial interest in property and which gives holder right to acquire formal legal title, is called equitable title.

  (x) Imperfect Title:-

 Imperfect title can be defined as a title, which requires a further granting of power to pass land or which does not convey full and absolute dominion.

  (xi) Legal Title:-

 A title, which evidences apparent ownership but does not necessarily signify full and complete title or a beneficial interest, is called legal title.

 (xii) Onerous Title:-

 A title, which is acquired by giving valuable consideration for property as by paying money or performing services, is described as onerous title.

  (xiii) Particular Title:-

 A title, which is acquired from au ancestor by purchase, gift or inherited before or after the ancestors death, is called particular title.

 (xiv) Perfect Title:-

 A title, which is good both at law and equity, and which is good and valid beyond all reasonable doubts, is defined as perfect title.

 (xv) Title By Devise:-

 When a title is created by will, such title is called title by devise.

 (xvi) Title By Estoppel:-

 Title by estoppel can be defined as a title, which is acquired from a person, who does not have title at time of a purported conveyance with a warranty and later on acquires the title.

 (xvii) Title By Prescription:-

 A title, which is acquired by prescription, is called title by prescription.

 (4) How Can Possession Affect Title?

 In the whole range of legal theory, conception of possession is most complicated one. Possession is undoubtedly an important topic in any legal study. However, it is most ambiguous topic as it has never remained an easy task to verify concept of possession.

 In simple words and broader sense, it is described that possession is evidence of ownership; possessor of a thing is usually presumed to be owner of it, and all other persons, who claim ownership of this thing, have to prove their title over this thing. It reveals that it is possession through which title is determined. In following manner, possession can affect title:

 (i) Possession through consent

  (ii) Possession through force

  (iii) Possession through law

 (i) Possession Through Consent:-

Regarding a property, title is changed when owner of property delivers possession of property to someone else with his/her own free will and consent. It reveals that title is affected through delivery of possession.

 (ii) Possession Through Force:-

Regarding a property, title is changed when possession or control over a property is gained through force. It reveals that title is affected when possession of property is gained without consent of owner of property. Even when possession is gained through commission of fraud or through infliction of torture upon owner, such gaining of possession also affects title.

  (iii) Possession Through Law:-

Regarding a property, title is changed when possession is transferred through law. For example, transfer of inheritance of a deceased person to his/her legal and Shari heirs changes title.

(5) Conclusion:-

 To conclude, it can be stated that title creates a kind of such interest in favour of a person with regard to some property and such interest can be vested or contingent one: if creation of interest depends upon happening of some event, which must happen, such interest is called vested interest. Contrary to vested interest, contingent