Definition of

Immovable
Property
 Transfer of property
Act, 1882
Immovable Property – Concept and
Definition
Legislations
Three General Clauses
Act,1897
Indian Registration
Act, 1908
 Section 3, TPA
• Immovable Property does not include- Standing Timber

- Growing Crop
- Grass
• Not comprehensive
• Negative definition
• Not clear
 Section 3(26) General Clauses Act,1897
• Immovable property includes – Land
- Benefits arising out the land(Profits a`
Prendre)
- Things attached to the earth
• In Babu Lal v. Bhawani Das and Ors, the court held that section 3(26) of
the General Clauses Act which defines immovable property can be applied
to Transfer of Property Act 1882.
 Things attached to the earth- Sec. 3, para 6
of TPA(Doctrine of Fixtures)
• Things ‘attached to earth’ includes
(1) things rooted in the earth,
(2) things embedded in the earth,
(3) things attached to what is so embedded
Definition of IP

-Land

-Benefits arising out of the land

-Things attached to the earth

Combined
• Things Embedded in earth
• Things Attached to what is so embedded in the earth
reading of
• Things Rooted in the earth, except:-
• Standing timber
• Growing crop
Sec.3 TPA &
• Grass
Sec 3(26)
GCA
 Comprehensive
Definition of IP
Section 2(6) of The Registration
Act,1908 –
“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”.
 Doctrine of fixtures-English Law
• Quicquid plantatur solo, solo cedit
• Quicquid inaedificatur solo, solo cedit
• Two exceptions where doctrine has no application:
- Subject to the contract to the contrary
- Fixtures made by tenant
• Indian Law on fixtures is different.
 Indian Law on fixtures
• Tenant can remove the attachment once he leaves the premises
• If tenant allows the attachment to remain on the land of the owner, so that
he deriving benefit from it, he is entitled to reasonable compensation in
proportion to the value of attachment.
• Case law on this point- Thakoor Chunder v. Ramdhone (1868)
Test to Determine whether a Chattel After
Attachment has Become Fixture or Not
• Things attached to what is so imbedded- MP/IP- Question of Law & Fact
• Three tests
- Mode of annexation and consequences of detachment.
- Object & purpose of annexation
- Annexed by whom
Cases-
Addu Achiar Vs. Custodian Evacuee Property (1952)
Duncan Industries Vs. State of U.P (2000)
 Things Rooted in the earth
Trees

Fruit
Standing
bearing Timber Tree
Timber
trees

Immovable Movable
Property Property
 Standing Timber- MP
• Must be a timber tree
• Must have reached a particular stage where it is ready to
be used as timber tree
• It is intended to be cut within a reasonably short
duration of time.
• Transfer of Standing Timber- By way of delivery of
possession
• Transfer of timber tree- by written, attested and
registered instrument.
 Landmark Cases
• Anand Behra vs State of Orissa (AIR 1956 SC 17)
• SMT. Shantabai vs State of Bombay (AIR 1958 SC 532)
• State of Orissa vs Titaghur paper mills (AIR 1985 SC 1293)
• Duncans Industries LTD vs State of UP (2000) 1 SCC 633
 Movable Property
• Movable Property-

In General Clauses Act, it is defined as “Property of every description except

immovable property”.
 Difference between MP & IP
• Definition
• Mode of delivery
• Purpose of annexation
• Mode of annexation
 Quadrant II
• http://vinodkothari.com/wp-content/uploads/2017/03/What_is_immovable
_property.pdf
• Difference between Movable and Immovable Property with the Help of
Case Law- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2282894