Vande Matram! Welcome to the series of Transfer of Property Law. Since the civilisation of humans, the concept of property is present and the laws related to it are evolving day by day. Let’s discuss the concept of property.
What is the concept of property? What is the distinction
between movable and immovable property? Discuss and explain with the help of
suitable case law or illustrations.
Concept of Property:
Property is an object of legal rights, which embraces possessions or wealth collectively, frequently with strong connotations of individual ownership. The things may be tangible, such as land or goods, or intangible, such as stocks and bonds, a patent, or a copyright. Because property law deals with the allocation, use, and transfer of wealth and objects of wealth, it must reflect the economy, family structure, and politics of the society in which it is found.
Property is defined under Clause (36) of Section 3 of the General Clauses Act, 1897 and clause (9) of Section 2 of the Registration Act, 1908 as well as Section 3 of the Transfer of Property Act, 1882. Indian legislation classifies the term ‘property’ under various categories like tangible and intangible, real and personal, corporeal and incorporeal, and movable and immovable property.
Various Statutory definitions of term property:
The General Clauses Act, 1897
Section 3 (26): “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.
The Benami Transactions (Prohibition) Act, 1988
Section 2(c) “property” means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property.
The Sales and Goods Act, 1930
Section 2 (11) “property” means the general property in goods, and not merely a special property.
The Transfer of Property Act, 1882
Section 3 “immoveable property” does not include standing timber, growing crops or grass.
The Registration Act, 1908
Section 2(6) “Immovable Property” includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass; and
Section 2 (9) “Movable Property” includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property.
Movable and immovable property:
In Indian legal systems the types of property considered mainly are
a) Movable Property: Anything that is not affixed to the land can fall under the category of movable property, irrespective of its shape, size, quality, or quantity, e.g. Vehicles, electronic devices, jewellery, books, timber, growing crops and grass etc.
b) Immovable property: As the nomenclature suggests, immovable property definition states that it is any property with rights of ownership attached to land and that cannot be moved, e.g. agricultural land, villa, flat, mines, water bodies, etc.
Difference between movable and immovable property:
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Movable Property |
Immovable Property |
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The movable property can easily be transported from one place to another, without changing its shape, capacity, quantity or quality. |
Immovable property cannot be transported from one place to another. |
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Movable property refers to movable assets (such as your computer, jewellery, vehicles, etc.). |
Immovable property commonly refers to real estate (such as your
house, factory, manufacturing plant, etc.) |
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Movable property is one, which can be transferred from one place to another place with the human efforts. |
Immovable property includes land, benefits arising out of land and things attached to the earth or permanently fastened or anything attached to the earth. |
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It includes stocks and shares, growing crops, grass, and things attached to or forming part of the land, and which are agreed to be severed before sale, or under the contract of sale |
It includes land, benefits to arise out of land, and things attached to the earth |
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If the thing is resting on the land merely on its own weight, the presumption is that it is movable property, unless contrary is proved. |
If the thing is fixed to the land even slightly of it is caused to go deeper in the earth by external agency, then it is deemed to be immovable property. |
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If the purpose was only to enjoy the thing itself, then it is movable property even though it is fixed in the land. |
If the propose of annexation of a thing is to confer a permanent benefit to the land to which it is attached, then it is immovable property. |
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Examples Right of worship; royalty; a decree of sale of immovable property; a decree for arrears of rent; Government promissory notes; standing timber, growing corps and grass. |
Benefits to arise out of land such as hereditary allowances, right of way, ferries and fisheries, right to collect rent and profits of immovable property; a mortgage-debt; right to cut grass of one year, a factory; etc. |
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No registration is required to transfer a movable property. |
Transfer of immovable property requires registration of the document. |
Thanks for reading till the end. Note down all the important points for your preparation and Best of Luck for your exams! Please share this blog.
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List of references:
2) Brush Up Your Basic Knowledge About Movable and Immovable Property
