This article is written by a second-year student of Delhi University, Faculty of Law, on a very indispensable topic in Property Law.
Movable Property
- Transfer of Property Act, of 1882 does not define "movable Property" explicitly however movable property is that property which can be moved from one place to another.
- Section 2 Sale of Goods Act - Movable property includes stocks, shares, growing crops, and grass.
- General Clause Act, 1897- Movable property shall mean the property of every description except immovable property
- Registration
- To Transfer a movable Property registration is not required by law.
- Examples of movable property are jewelry, cars Etc.
Immovable property
- Definition -
- Immovable property are those properties that are unable to change their place.
- "Indian Registration Act,1908" immovable property includes ;
- Land
- Building
- Hereditary allowance (payable out of income of land )
- Right to ways
- Lights
- Ferries
- Fisheries
- Any benefit arises out of land
- Things attached to the earth.
- "General Clause Act" , 1897 - Section 3(26) of it includes -
- Land
- Benefits arise out of land
- Things attached to the earth or permanently fastened to anything attached to the earth.
- Section 3 of TPA lays that "Immovable property" does not include-
- Standing timber
- Growing crops
- Grass.
- Registration - According to TPA,1872, to transfer an immovable property, the instrument used for the transfer must be registered.
- Attestation - The instrument transferring the immovable property also has to be attested by at least two witnesses, according to TPA,1872
Some case laws to clear the concepts of movable and immovable are;
- Shantabai vs state of Bombay, 1958 (Discussed benefit arising out of the land)
- Bamadev Panigrahi vs Manorama Raj,1974 (Movable property as in the immovable property things attached to the earth we see the intention of the party to attach that property to the earth for temporary time or permanent), etc.
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