LEGAL PRINCIPLE: EVIDENCE LAW – Presumption of Ownership from Possession – Statutory Presumption Under Section 146 Evidence Act

This principle establishes a statutory presumption linking possession to ownership and allocating the burden of proof accordingly. Section 146 of the Evidence Act creates a rebuttable presumption that a person in possession of property is the owner. Once possession is proved, ownership is presumed without requiring the possessor to prove how they acquired the property or establish chain of title. The burden then shifts to anyone challenging the possessor’s ownership to prove their assertion that the possessor is not the owner. This presumption serves important practical and policy purposes: (1) possession is readily observable and easily proved, while tracing ownership through historical title chains may be difficult or impossible; (2) it protects possessors from being dispossessed without legal basis; (3) it places the burden of proof on challengers who assert superior rights; (4) it recognizes that possession itself is a property right deserving protection. The presumption applies to all types of property—land, chattels, documents, etc. However, it is rebuttable—a challenger can prove superior title, that possession was obtained unlawfully, that the possessor holds for another (bailee, trustee), or other circumstances negating the ownership inference. The strength of the presumption varies with the nature and duration of possession—long, open, exclusive possession creates a stronger presumption than recent or disputed possession. Importantly, the presumption does not make possession conclusive proof of ownership; it merely establishes a starting point that allocates the burden of proof. In disputes between possessor and challenger, the possessor’s evidential task is lighter—prove possession, and ownership is presumed. The challenger must then prove the possessor is not the owner, which typically requires proving their own superior title or the possessor’s lack of legitimate acquisition.