What do you mean by 'immovable property' under the Transfer of Property Act, 1882?
CS Executive · Economic and Commercial Laws · PYQS · June 2015
What do you mean by 'immovable property' under the Transfer of Property Act, 1882?
Answer & Explanation:
'Immoveable property' means land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. 'Attached to the earth' means (a) rooted in the earth, as in the case of trees and shrubs; (b) embedded in the earth, as in the case of walls or buildings; or (c) attached to what is so embedded for the permanent beneficial enjoyment of that to which it is attached (S. 3 Para 6 of the Act). Things rooted in the earth: Trees and Shrubs are immoveable property according to this definition subject to the exception as to standing timber. Things embedded in the earth: A house being embedded in the earth is immoveable property and this is so even if it is sold for enjoyment as a house with an option to pull it down. The mode of annexation and object of annexation are the two tests to determine whether it is immoveable property or not. Attached to what is so...: The attachment must be as the Section says for the permanent beneficial enjoyment of that to which it is attached e.g. the doors, windows of a house or moveable parts of fixed machinery. But the attachment must be intended to be permanent.
Topics: Transfer of Property Act, 1882
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