What is immovable property?
The General Clauses Act defines: ‘immovable property includes land, benefits to arise out of land & things attached to earth’.
The Transfer of Property Act defines: ‘immovable does not include standing timber, growing crops (exclusive clause).
The Transfer of Property Act defines: ‘attached to earth’ – rooted to earth (like trees); imbedded to earth (like walls, buildings) & attached and so imbedded for the permanent beneficial enjoyment.
As per the Transfer of Property Act – ‘standing timber’ is not immovable – because it is for fire-wood and building materials – such trees would be cut and taken away from the land.
‘attached and imbedded for permanent beneficial enjoyment’ – are immovable or Fixtures (others are movables or chattels)
Chattel become fixture when it is permanently annexed with the land.
The General Clauses Act defines: ‘immovable property includes land, benefits to arise out of land & things attached to earth’.
The Transfer of Property Act defines: ‘immovable does not include standing timber, growing crops (exclusive clause).
The Transfer of Property Act defines: ‘attached to earth’ – rooted to earth (like trees); imbedded to earth (like walls, buildings) & attached and so imbedded for the permanent beneficial enjoyment.
As per the Transfer of Property Act – ‘standing timber’ is not immovable – because it is for fire-wood and building materials – such trees would be cut and taken away from the land.
‘attached and imbedded for permanent beneficial enjoyment’ – are immovable or Fixtures (others are movables or chattels)
Chattel become fixture when it is permanently annexed with the land.
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