Property in possession of wife, clerk or servant
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Summary
Property that a person’s wife, clerk or servant holds on that person’s behalf is treated as if the person themselves possesses it for the purposes of this Code. It kicks in whenever the other person is holding the item on the principal’s account, including when the clerk or servant is employed temporarily or for a particular occasion. Consequence: possession (and any legal effects tied to possession) is attributed to the principal person.
Example
Priya gives her gold necklace to her housemaid Sneha to keep while she is away. Because Sneha is holding it on Priya’s account, the necklace is legally treated as being in Priya’s possession. If it is lost or stolen, the law treats the loss as affecting Priya’s possession.
Bare Act
Enacted textWhen property is in the possession of a person&‘s wife, clerk or servant, on account of that person, it is in that person&‘s possession within the meaning of this Code.
Explanations
(1) A person employed temporarily or on a particular occasion in the capacity of a clerk, or servant, is a clerk or servant within the meaning of this section.
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