The transfer of property act 1882 1

Topics: Property, Property law, Real estate Pages: 42 (11166 words) Published: November 8, 2014
The transfer of property act 1882

Immovable properties
The definition of immovable properties it is negative definition, which say what is not an immoveable property. Section 3- of Transfer of property Act 1882-immoveable property does not include standing timber, growing crops or grass. Section 3- of The General Clauses Act 1897- “ Immovable property- Land Benefits to arise out of land- Profit Appendary (Exp- Rent, fishing rights, right to ferry, lease) Things attached to the earth or permanently fastened to anything attached to the earth.- Exp- building, wall, poll. Definition of Immovable Properties-

Section 3- immovable 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, except standing timber, growing crops or grass, it also include creepers and betel leave. What is the meaning of Land in TP-

There are four meaning of Land in TP-
1. Plot of land or plain land.
2. Land includes space as well.
3. Things beneath land.
4. Things above surface or thing on surface.
Case law- Narayan Sa v/s Balagure Swami AIR 1924 Madras 187
Vassal used for destilation of liquor not immovable property. Standing Timber- Case Law- Shanti Bai v/s State of Bombay AIR 1958 SC 532 In this case SC held that , intention of the owner decide whether a standing timber a timber or crop. A fruit bearing tree are immovable property, if the owner treat it as a timber .

Q-
which one is immovable property?- 2003-SN
Growing crops? 2003-SN
Right to ferry? 2003-SN
Standing timber? 2003-SN
Define immovable property. In which cases things which we know as movable are treated as immovable property? Is there any test to decide it-2007-L A-
The definition of Immovable property given in the S.3 of Transfer of Property Act 1882, is not exhaustive, it is the negative definition which exclude the things and says immovable property does not include standing timber, growing crops or grass. The definition in the General clauses Act also not exhaustive but it is some what positive definition which includes land, benefits to arise out of land , and things attached to the earth. Things attached to earth, or permanently fastened to anything attached to earth? a. Things rooted in the earth- trees and shrubs.

b. Imbedded in the earth- wall or building.
c. Attached to what is so imbedded for permanent beneficial enjoyment of that which it is attached- Perumal v/s Ramaswami – held- oil engine attached to earth and the attachment to lasts only so long as the engine is used. When it is not used, it can be detached and shifted to some other place. The attachment in such case immovable property.

Narayan Sa v/s Balagure Swami AIR 1924 Madras 187 Vassal used for destilation of liquor not immovable property.

The degree, manner, extent and strength of attachment of the chattel to the earth or building, are main features to be regarded. Further test is whether, such an attachment is for the permanent beneficial enjoyment of the immovable property to which it is attached. Land- considers in its legal aspect, land includes the following elements: 1. A determinate portion of the earth’s surface.

2. Possibly the column of space above the surface.
3. The ground beneath the surface.
4. All objects which are on or under the surface in its natural state- minerals, lakes, ponds, rivers. 5. All objects placed by human agency on or under the surface, with the intention of permanent annexation. These become part of the land, and lose their identity as separate movable – building, walls, fences. Benefits to arise out of land-

Apart from property being immovable from the physical point of view, every benefit arising out of it and every interest in such property is also regarded as immovable property.- hereditary allowances, rights of way, lights, ferries and fisheries. A debt secured by a mortgage of immovable property is an interest inland. A right to collect lac...
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