Accession - Indian Laws - General

Expression accession Black s Law Dictionary defines the expression accession with respect to property thus : 4. The acquisition of title to personal property by bestowing labor on a raw material to convert it to another thing the owner s accession to the lumber produced from his land - Also termed (in Roman law) accessio. See ADIUNCTION (2). [Cases: Accession 1.] Accessio is the combination of two chattels belonging to different persons into a single article: as when A s cloth is used to patch B s coat, or a vehicle let on hire-purchase has new accessories fitted to it. R.F.V. Heuston, Salmond on the Law of Torts 113 (17th ed. 1977). 5. A property owner s right to all that is added to the property (esp. land) naturally or by labor, including land left by floods and improvements made by others the newly poured concrete driveway became the homeowner s property by accession - In Louisiana law, accession is the owner s right to whatever is produced by or united with something, either naturally or artificially. La. Civ. Code arts. 483, 490, 507. Cf. ANNEXATION. 6. An improvement to existing personal property, such as new shafts on golf clubs. The problem of accessions arises infrequently, judging from reported cases, but an obvious instance of the difficulty arises where a motor vehicle is being financed by a secured party and the debtor in possession of necessity acquires a new engine or new tires for the vehicle. If the seller of the engine or tires reserved a security interest at the time the goods were installed, the seller should prevail over the vehicle s secured party, with a right to remove the accessions. Conversely, if the sale were on open credit with no security interest reserved, or if the seller acquired a security interest after installation of the goods, then the financer of the vehicle should prevail. Ray D. Henson, Handbook on Secured Transactions Under the Uniform Commercial Code 4-22, at 93 (2d ed. 1979). 7. The physical uniting of goods with other goods in such a manner that the identity of the original goods is not lost. UCC 9-102(a)(1). In The Law Lexicon by P. Ramanatha Aiyar, 2nd Edn. 1997, accession has been defined thus : Accession is a mode of acquiring property as an addition to existing property by natural growth or by application of human labour. (See Cent. Dict.) In its broadest sense it may be defined to be the means by which title to the increments to one s property movable or immovable, is acquired, whether by natural or artificial means (as) accession of a province to an Empire. In the restricted sense, in which it is generally used in law, it applies to the acquisition of title to the increments to one s movable property, brought about by artificial means, such as labour or the addition of material other than the intermixture of goods or things of the same kind. (Anderson L. Dict. ;Bl. Comm. 404 ; Black s Law Dictionary ; Burrill, 2 Kent Comm. 360, etc.) In Roman Law accession is the general name given to every accessory thing, that has been added to a principal thing from without and has been connected with it, whether by the powers of nature or by the will of man, so that in virtue of this connection it is regarded as part and parcel of the thing. Sheo Pagan Prasad v. Bhagwati Dubey, AIR 1949 Pat. 99. 1. coming to as an addition ; the mode of acquiring property by which the owner of a corporal substance (as land or cattle) becomes the owner of addition by growth, increase or labour ; any property so acquired (S. 63, T.P.Act]; 2. coming to the throne [S. 57(5), Indian Evidence Act]; 3. coming to an office [S. 57(7), Indian Evidence Act]; 4. increase by something added ; 5. assent (art. 57, Geneva Conventions Act]. Emphasis is on addition to the existing property. Then there can be addition by natural or artificial means. The property obtained in exchange could not be said to be accessory thing to the remaining mortgaged land which was not exchanged with Avas Parishad. Accession to property has also been defined in aforesaid Law Lexicon with reference from Encyclopaedia of Laws of England. Same is extracted hereunder : Accession of Property. The Law of alluvion is a branch of the general law regarding accession to property. The Law of accession may be stated as follows. Where any corporeal substance, over which rights of property are exercised, receives an addition, increase or improvement, either in a natural way, as by the growth of fruits or the pregnancy of animals, or in an artificial way, as by the erection of houses on land, receding of a river or lake, such addition, increase or improvement falls primarily to the owner of the original substance. (Encyc. of the Laws of England). In Oxford Dictionary accession has been defined and relevant portion is extracted thus : accession ** ** ** .a new item added to an existing collection of books, paintings, or artefacts. An amount added to an existing quantity of something; substantial accessions of gold. Verb [with obj.] (usu. Be accessioned) record the addition of (a new item) to a library, museum, or other collection. - ORIGIN late 16th cent. (in the general sense something added ): from Latin accession(n-), from the verb accedere approach, come to (see ACCEDE) MAHARAJI EDUCATIONAL TRUST VERSUS HOUSING URBAN DEVELOPMENT CORPORATION LTD.- 2017 (6) TMI 186 - SUPREME COURT