File Name: difference between movable and immovable property .zip
A common man has to arm himself with the knowledge of so many things before he starts his home-buying journey. Because the transaction has major financial implications, the homebuyer would like to get some expert advice on a lot of things. However, no such guidance would be needed to tell the difference between a movable property and an immovable property.
Before defining the term, we have to ask ourselves, in which context it is being used. As the law is ever-changing, the meaning of property is also not fixed and changes with time.
The term may have different sense depending on the connection in which it is used; its purpose should be gathered from then prevailing concepts as reflected by contemporaneous construction.
For Indian legislation, it is necessary to determine which property is movable and which is immovable. It is important because both of these properties are guided by different laws such as limitation period, registration, transfer of property. Section 6 of TPA says that property of any kind may be transferred, but it neither talks about all types of property neither it is feasible to include all type of property.
There are many rights in a property such as the right of possession, the right of enjoying the usufruct. These all are subject rights, and the absolute right is of ownership. It is also known as interest in property according to TPA and real right in English law Thus these rights can vest in a different person.
For example, the right of ownership may be in person X but he has given the property on lease and thus right of possession is in the hand of Y. TPA has classified property into the movable property and immovable property unlike English law which has classified property as real and personal property.
It is essential to classify property as TPA has different rules of procedure for the movable and immovable property. Transfer of movable property may be completed by mere giving of possession, but for immovable property, it is necessary to have it registered. The meaning of property is given in Transfer of property Ac t, general clauses act , Indian registration act. The land includes everything on the surface, below the surface and above the surface of the land.
Anything, till it is not removed from the land, will be considered as the immovable land. Tangible properties are all those properties which can be touched or which have physical existence. Intangible property is the exact opposite, and thus they have no physical existence and hence they cannot be touched and have no physical existence. They are in the form of some rights or benefits which a person gets from land.
Therefore any right by which a person makes profit or gain is known as his beneficial rights. Thus a benefit arising out of land will also be immovable property.
It is so because it is incidental to earth and it cannot be served from it. Right to capture fishes from the lake is an example of benefit arising out of the land. The concept will be clearer by the help of various case laws.
The court held that the right to enter the Chilka Lake and catch fish for five years is equivalent to profit a prendre in England and a benefit arising out of land in India and thus it is immovable property. Facts of the case: The petitioners obtained oral licenses for catching and appropriating fish from specified sections of the Chilka Lake from its proprietor, the Raja of Parikud, on payment of vast sums and obtained receipts with the prevailing practice.
The licenses, however, were in respect of years after such vesting. The State of Orissa refused to recognise them and was seeking to the reaction the rights of fishery. The petitioners contended that it had thereby infringed or was about to violate their fundamental rights under Arts. Transfer of Property Act, and so no title or interest herein passed to the petitioners, and consequently, they had no fundamental rights to enforce. The court held that right to enter the land, cut and carry away wood over a period of 12 years is benefit arising out of land and hence immovable property.
Facts : By an unregistered document the husband of the petitioner granted her the right to take and appropriate all kinds of wood from undisturbed forests in his Zamindary. She applied to the Deputy Commissioner and obtained from him an order under s. She moved the State Government against this order but to no effect. Held: It is needed to be taken into consideration that the period of grant for cutting of trees is 12 years.
Hence the trees which will be perfect for cutting after 12 years are not fit to cut right now. Thus it is not the mere sale of trees as wood but much more than that.
Therefore it means that they are not to be converted into the timber on an early date and the intention is that they should continue to live and derive nourishment and benefit from the soil. A contract for felling, cutting and removing bamboo from forest areas to convert the bamboo in paper pulp which several ancillary rights have been held to be benefits arising out of the land. Notification No. A large number of writ petitions were filed before the High Court impugning the notifications dated May 23, , and December 29, The bamboo contracts were a grant of exclusive right and license to fell, I cut and from the forest.
Under the terms of the auction, the respondent was bound to pay a minimum royalty irrespective of the number of bamboos cut and removed. Legal Issues: What falls to be determined is the subject-matter of the impugned provisions.
Whether these contracts were related to immovable property or movable property? Held: In addition to the rights to enter upon the land for the above purpose, other vital rights are flowing from the Bamboo contract which makes it clear that the Bamboo contract granted was a benefit arising out of the land which is immovable property. General Rule: The general rule is that all the things that are attached to the earth are said to be attached to the earth. Thus all the plants, trees are permanently attached to the surface and will be considered as immovable property.
Exception: Growing crops, Grass and standing timber though rooted in the earth are considered as movable property. Standing Timber vs Fruit bearing trees: Timber is useful for construction of houses, but for that, it has to be cut and served from the land and then only it can be used, that is why it is considered as movable property.
On the other hand, trees bearing fruits are useful when they are rooted in the earth, and that is why they are regarded as immovable property.
Things which are fixed below the level, to which it will go by its weight are considered as things embedded in the earth. The concept intends to include those that are manually or mechanically put down deep in earth much beyond what would it otherwise go by its weight. Where the things are just placed without the intention of making them part of the land, they are treated as movable property. The main thing that is needed to consider whether the property is movable or immovable is the intention of the parties.
The general rule is that what is annexed to the land becomes part of the land. But it is nearly impossible to accurately tell the degree on annexation required to consider it as immovable property.
It is an essential factor to be considered, and it helps us to tell that if an object is movable or immovable. If a thing cannot be removed without causing severe damage to the land, then it is considered that the object has been embedded in perpetuity and it has to be treated as immovable property.
It is a more critical element to determine whether the purpose is to be treated as movable property or immovable property. We have to gather the intention of the parties to decide it. Further, what is the object for which it has been done?
If the purpose is to use it on a permanent basis, then it will be considered as immovable property. They have no separate existence of their own and form part of the house. The attachment must be permanent and for the beneficial enjoyment of the thing to which it is attached.
Under English law, by virtue of attachment, a thing becomes a part of the land and property of the owner of the soil. The doctrine of fixture, under English law can be explained with help of two maxims. Facts : Plaintiffs husband had obtained a possessory mortgage on a piece of land and was running a touring cinema on it.
He had purchased a projector and diesel engine oil. The equipment was embedded into the land. Finding no time to manage the cinema concern the entrusted the management of the trust and confidence in him. The defendant taking advantage of his position, as being the person in control, conspired with the Raja Saheb of Mandesa and got an endorsement, of discharge made on the mortgage bond dated and subsequently obtained the mortgage in his name on The defendant, by his reply dated , denied has liability either to account for the management of Kumar Touring Talkies or to the return of Rs.
They are embedded for the enjoyment of equipment and not of the land. Hence the suit is barred by the limitation that is three years for movable property.
Cause of action arose in and lawsuit was filed in Issues: Whether limitation prohibits the suit? Thus whether the equipment is movable or immovable property. Further, the land was of someone else, and it was just being used as mortgage land.
Thus the submission of the defendant is accepted. The sale agreement was executed. The stamp duty of 37 crores was levied. Aggrieved by the order, the parties went to the court. Held: The machinery that is embedded in the earth is embedded as having permanent use of it. It is not possible to remove them without causing severe damage to the land. Hence it should be considered as immovable property. TPA: It says that standing timer, growing crops and grass are not immovable hence movable property.
Trees and shrubs are generally considered as immovable property, but when it is considered as standing timber, it becomes movable property. As explained above trees can be classified as fruit-bearing ad trees and standing timber.
It means crops are standing in the field and includes all the vegetables and fruits. They are considered as movable property because they can only be used once they are served from the land. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment.
Skip to content Menu Close Home movable and immovable property. Property includes everything which may be owned and have a value. Importance of nature of the property It is essential to classify property as TPA has different rules of procedure for the movable and immovable property. Thus for a valid transfer, it is essential that the nature of property should be known. Definition of immovable property in different statutes The meaning of property is given in Transfer of property Ac t, general clauses act , Indian registration act.
Profit a prendre It is the English concept which is very similar to benefits arising out of the land Things necessary for it includes The person claiming must have interest in the land It must respect of a procedure or profit of the soil.
It not only includes money and other tangible things of value, but also includes any intangible right considered as a source or element of income or wealth Definition and concept of property. Property has a very wider meaning in its real sense. It not only includes money and other tangible things of value, but also includes any intangible right considered as a source or element of income or wealth. The right and interest which a man has in lands and chattels to the exclusion of others. It is the right to enjoy and to dispose of certain things in the most absolute manner as he pleases, provided he makes no use of them prohibited by law. The sea, the air, and the like, cannot be appropriated; every one may enjoy them, but no one has any exclusive right in them.
Origin of Writ In common law, Writ is a formal written order issued by a body with administrati The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Trade Unionism had made its headway owing to growth of industrialization and capitalism. The Ind Toggle navigation.
Before defining the term, we have to ask ourselves, in which context it is being used. As the law is ever-changing, the meaning of property is also not fixed and changes with time. The term may have different sense depending on the connection in which it is used; its purpose should be gathered from then prevailing concepts as reflected by contemporaneous construction. For Indian legislation, it is necessary to determine which property is movable and which is immovable.
Property ownership has its own classification: movable and immovable property. Movable property refers to personal property, which is either consumable or nonconsumable. On the other hand, immovable property refers to roads, constructions and buildings. They are referred to as immovable because they adhere to the soil. The Civil Code of the Philippines gives a detailed information about the difference between these classifications.
Miscommunication on what constitutes movable and immovable property can complicate the sale of a property and may even lead to litigation. It is important to draw a distinction between these when you sell or purchase a property in order to obtain clarity on what will be included in the property transfer.
It is a surprising fact that the Transfer of Property Act does not contain a comprehensive definition of immovable property. This is a negative definition and is not satisfactory. This expression means:. Things rooted to the earth are immovable property. By combing above definitions, we may say that the term includes land, benefits to arise out of lands, and things attached to the earth, except standing timber, growing crops and grass. Meaning of Land:. All the objects which are on or under the surface in its natural State are included in the term land.
Ambransh Bhandari Nov 23, 0 comments. Property is not merely a piece of land or some asset. It is a much wider concept. Property is a relation of a person, juristic person or entity with an object upon which such person holds a right over it. Property is, therefore, an object whether tangible- intangible, movable-immovable over which an individual claims ownership with all the rights accrued along with.
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