Q1. Define Immovable property.

Are right to worship and right to recover maintenance

allowance immovable properties.
Ans. According to Section 3 of transfer of property act 1882, “Immovable Property” does not
include standing timber, growing crops or grass. It is not comprehensive and exhaustive
definition of immovable property. It merely excludes standing timbers, growing crops or grass.
Probably all residue are immovable property.

ii. As per Section 3(26) of the General Clauses Act 1897, “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”. This definition of immovable property is also not exhaustive;

iii. Section 2(6) of The Registration Act, 1908 defines “Immovable Property” as under:
“Immovable Property includes land, building, 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”. The above definition implies that building is included in the definition of
immovable property. Immovable property means lands, benefits arising out of lands and the
things attached to the earth, other than the physical aspects, every benefit arising from and every
interest in the property is also included in the definition. It excludes three things namely standing
timber, growing crops or grass.

After analysis the definition of immovable property it may be concluded that the followings
objects and things are included in immovable property:

1. Land

2. Benefits to arise out of land

3. Things attached to the earth

a. Things embedded in the earth

b. Things attached to what is so embedded in the earth

c. Things rooted to the earth except:

1. Standing timber

2. Growing crops

3. Growing grass

1. Land: Land includes earth surface, column of space above the surface, the ground beneath the
surface, all objects which are on and under the surface in its natural state e.g minerals, land
covered by water eg lake, pond, objects placed by human agency with the intention of permanent
annexation eg buildings, walls and fences.
2. Benefits arising out of land: The benefits arising out of land are also knowns as “profit a
prendre”. All benefits arising out of immovable property and every interest in such property are
also regarded as immovable property such as benefits cannot be severed from the land eg
hereditary allowance, right of ways, right to collect fish from pond etc. All forming parts of land
or “profit a prendre” or benefits arising out of land will go with it.

3. Things attached to the earth: According to section3 of the act defines the expression “things
attached to earth” as including

a. things rooted in the earth as in the case of trees and shrubs.

b. things embedded to earth as in the case of wall or buildings

c. things attached to what is so embedded for the permanent beneficial engagement of that to
which it is attached.

Following properties are judicially recognised as Immovable properties

1. Right to collect rent of Immovable property
2. Right to collect Ferry
3. A right of way, light, fishery.
4. Debt secured by Mortgage.
5. Hereditary offices of worship.
6. Equity on Redemption.
7. Right to collect lac from trees.

Right to worship and right to recover maintenance allowances are not immovable property.
Because according to the definition of immovable property means land, benefits arising out of
lands, things attached to the earth except standing timber, growing crops or grass. Probably all
residue are not immovable property so that right to worship and right to recover maintenance
allowances are movable property. According to general clause act, “movable property means
property of every description except immovable property”.

Following properties are movable properties:

1. Right of worship, a royalty (a payment made to the writer of a book by publisher).
2. A decree for arrears of rent.
3. Right to recover maintenance.
4. Machinery which is not permanently attached to the earth.
5. Government promissory notes.
6. Standing Timber, Growing Crop, Gross