Distinguish between 'moveable property' and 'immoveable property'.
CS Executive · Economic and Commercial Laws · PYQS · June 2016
Distinguish between 'moveable property' and 'immoveable property'.
Answer & Explanation:
Moveable Property The Transfer of Property Act does not define the term "moveable property". Therefore, it is to be defined with the help of other statutes. For e.g., it has been defined in the General Clauses Act, 1897 as to mean "property of every description except immoveable property". The Registration Act defines "moveable property" to include property of every description excluding immoveable property but including standing timber, growing crops and grass. Moveable property is sometimes regarded as immoveable property. This may happen when a thing of chattel is attached or embedded in earth. If the machinery is fixed on the land permanently then it becomes immoveable property, whereas if the machinery or engine or any other thing is fixed on a temporary basis, then it will be regarded as moveable property. Immoveable Property The term "immoveable property" is also not defined under the Transfer of Property Act. However, it is defined in the negative sense as "the immoveable property does not include standing timber, growing crops, or grass". Standing timber are trees fit for use for building or repairing houses. This is an exception to the general rule that growing trees are immoveable property. The General Clauses Act defines the term "immoveable property" but not exhaustively. It states: "immoveable property shall include land, benefits to arise out of land and things attached to the earth, or permanently fastened to anything attached to the earth". The Indian Registration Act expressly includes under to immoveable property the benefits to arise out of land, hereditary allowances, rights of way, lights, ferries and fisheries.
Topics: General Clauses Act, 1897 & Transfer of Property Act, 1882
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