i) Under Sec.3 of T.

P Act
“ Immovable Property Does not include
a)Standing Timber

b) Growing Crops

c) Grass
 Timber is defined in Webster’s
collegiate Dictionary as

“a wood suitable for building

houses, bridges, ships etc”.

In India, the popular timber trees

are –

Shisham, Babul, Teak,

Banayan, bamboo etc.
 Standing Timber do not include
the fruit bearing trees like
mango, Jack fruit etc.

But fruit bearing trees may

become standing timber if the
contract for its cut and take
away.
 The term growing crops
refers to all vegetables
growths that are in existence
and practically have no
existence apart from their
produce.

Eg. Pan, Angoor creepers,

Sugar cane, Wheat, Barley
etc.
 Grass can only be used as fodder. Therefore
it is movable.
 But a contract to the grass will be an interest
in immovable property.

eg.A the owner of a piece of land confers a

right to B, to enter his land and cut grass for
a period of five years. The nature of right
created in favour of B is a right in
immovable property as B will take the
benefit from A’s land .
ii. Under Sec.3(26) General Clauses Act
“ Immovable Property shall include
a) Land
b) Benefits arise out of land and
c) Things attached to the earth.”
The term land , in its legal
signification, includes
any ground,
soil or earth,
such as meadows(fields),

waters, and
all mines and minerals.
Land includes lakes, ponds
and rivers within its
boundary.
Hereditary allowances,
Rights of
way,
lights,
ferries, and
fisheries.
 Biranchi Padhan and another v Collector, Bolangir and
others AIR 2017 Ori.154
Right to catch and carry away the fish is a ‘Profit a Pendre’.
The same is construed as immovable property with in the
meaning and ambit of T.P.Act 1882 and its sale has to be by
means of registered instrument, in case its value exceeds
Rs.100.
 Right to
collect lac from jungle,
take minerals,
Rent from
market place or house etc.
Eg. - A person has a vacant
piece of land . Every year during
festival season he uses the land
for holding a fair, and for this
purpose he charges Rs. 1000 from
each stall hoder. This right to
collect the charge is Profits a
pendre.
 Things attached to the earth
includes
i) Things rooted in the earth.
Eg. All the trees or shrubs
except
standing timber, growing
crops or grass.
ii) Things embedded in the
earth.
E.g.- All the buildings and
other constructions.
iii) Things attached to what is
so imbedded to earth
include,
all the windows and doors
in a house attached for
permanent beneficial
enjoyment which include
“electric ceiling fan”.
 To understand under what circumstances a chattel (movable)
becomes a fixture(immovable) we have to understand doctrine
of fixtures.
There are three tests –
a) Mode of attachment and consequence of its detachment
b) Object or intention of attachment
c) By whom attached
a) Mode of attachment and consequence of its detachment –
If a thing or machinery because of its sheer weight goes down in
earth, the presumption will be that it is still movable.
If the attachment can be removed easily without causing
sufficient damage to which it was attached, the presumption
will be that it is movable.
On the other hand
If in attaching some external aid is required such as
construction of foundation, or it is fixed to the floor with the
help of nuts and bolts, the presumption will be that it has
become part of the earth.( i.e immovable)
Similarly While trying to remove it , the attachment is
destroyed or loses its value or the support is sufficiently
damaged, the presumption will be that it is immovable .
b) Object or intention of attachment–
Though the consequences will depend upon the facts and
circumstances of each case, but where the object is to fix the
attachment permanently or for a sufficiently long time period,
the presumption will be that it has become a fixture.
( immovable property)
But if the intention was to enjoy the attachment for a specific
short duration and then to remove it , the presumption will be
that it is still a chattel (movable).
c) By whom attached—The basic presumption is that nobody
would want to make a permanent improvement of the land
belonging to some other person.
Thus if the attachment is by the owner of the land, the
presumption would be very strong that the attachment has
become a fixture. (Immovable)
But if it is attached by somebody else other than the owner ,
such as tenant, the presumption would be that it is still a chattel
(movable).
Under Sec.2(6) Indian Registration Act 1908
“ Immovable property includes land, buildings, hereditary
allowances, rights of ways, lights, ferries, fisheries or any other
benefits arise out of land and things attached to earth but not
standing timber , growing crops or grass.”
1. A the owner of a forest enters into a contract with B, and
grants to him a right to enter his forest and cut all kinds of
plants and tree above the height of 10 feet, for a period of five
years. The nature of right granted in his favour will be a right
in -------------.
2.Machinary , which formed fertilizer plant were permanently
embedded in earth with intention of running fertilizer factory,
the machinery be treated as .-------(Duncan Industries Ltd v
State of Uttar Pradesh (2000)SCC 633.
3. A right to cut as and when they grow and enjoy the trees was
assigned for a period of four years. The question arose whether this
transaction required any registration.------( Seeni Chettiar v
Santhanathan)
4. The right to take away beedi leaves, bamboos and standing timber
over a period of only one year is ----
( Ansari v Board of Revenue)
5. A right to enter upon land and to carry away fish from a lake is a
right to profits a pedre and that it amounts to------( Anand Behra v
State of Orissa AIR 1956
1)Immovable Property
2) Immovable Property
3)Yes, required registration being it is immovable property
4) Movable Property
5) Immovable Property
 Right to collect rent(intangible property)
 Right of ferry
 Right of way
 Right of light
 Right of fishery
 A debt secured by Mortgage
 Hereditary office
A royalty ( payment for patent rights and copy rights etc)
A decree for sale of immovable property
A decree for arrears of rent
A right to recover maintenance
A machinery not permanently attached to the earth
Standing timber, growing crops and grass.
 a ) Procedure-- In majority of transactions transfer of
immovable property must take place with the help of a
written document that is properly executed by the
transferor and the execution should be properly attested
and registered.

Transfer of Movable property in several cases will be

complete by simple delivery of possession of the
property with the intention to transfer the title by the
owner.
b) Period of Limitation ( to file a case)
In case of immovable property it is generally 12 years
and above from the date of cause of action arises.
In case of movable property , the suit must ordinarily
be filed within a period of 1 to 3 years from the date of
cause of action.
Thank You