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Movable & Immovable Property

Why the study of difference between movable and

immovable property of is relevant?

1. T.P. Act - General Rules

- Specific rules

2. Specific Procedure for transfer-

- Written (Immovable)
- Simple delivery of possession (movable)

3. The Law of Limitation-

-12 yrs from the date of cause of action (Immovable)
-3 yrs from the date of cause of action (Movable)
 Concept of Immovable Property

 Immovable - Incapable of being moved.

 Movable - Can be moved from one place to another.

• Sec- 3 of T.P. Act- “ Immovable Property” does not include-

1. standing timber,
2. growing crops, and
3. grass
 Example

‘A’, the owner of an estate enters into a contract

with ‘B’ and grants him the right to enter his
estate and to cut only standing timber for a
period of six months. The right would be in .
 General Clauses Act, 1897 – Sec 3 (26)

“Immovable Property” shall include-

- land
- benefits to arise out of land,
- and, things attached to the earth
- as permanently fastened to anything attached
to the earth.
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 Constitution and Property
 Concurrent List

 Entry 6 Transfer of property other than agricultural land,

registration of deeds and documents.

 Entry 41- custody, management and disposal of property

(including agricultural land)

 As far as agricultural land is concerned, the states alone are

empowered to legislate on the same by the virtue of
entry 18 List III of VII Sch.

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