Movable and Immovable Property | Transfer of property Act
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Defining Movable and Immovable property is very confusing
But don't worry, we are here to make things simple.
Read full article on movable and immovable property: https://www.lawyerssafari.com/blog/mo...
Suggested books:
Property Law, Singhal Law Publication: https://amzn.to/2zzRcMt
Mulla: The Transfer of Property Act: https://amzn.to/2LdRs4Z
Property Law, Poonam Pradhan Saxena: https://amzn.to/2mdvFQ4
The term ‘property' is very vast, and thus it is difficult to give it a simple definition. `Before defining the term, we have to ask ourselves, in which context it is being used. For example a tree may be a immovable property when it is taking nourishment from the land or it may movable property when it is meant to be used as standing timber.
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.
Immovable property
TPA has classified property into the movable property and immovable property unlike English law which has classified property as real and personal property.
Definition of immovable property in different statutes
The meaning of property is given in Transfer of property Act, general clauses act, Indian registration act.
Case Laws: Anand Behra vs State of Orissa (AIR 1956 SC 17), SMT. Shantabai vs state of Bombay , Bamdev vs Manorma AIR 1974 AP 226, Duncans Industries LTD vs State of UP (2000) 1 SCC 633