Introduction

The word property has not been defined in the Transfer of Property Act, 1882 (TPA) but has been used in its widest and most generic sense. Property is a legal term to denote every kind of interest or right which has an economic interest.

• Property is broadly classified into the following:
  • Movable Property
  • Immovable Property

Immovable Property

• In India, the term Immovable Property is defined in the TPA, General Clauses Act, 1897 and The Registration Act, 1908.
• Section 3 of TPA states that immoveable property does not include standing timber, growing crops or grass.
• As per Section 3(26) of the General Clauses Act, 1897, the immovable property shall include land, benefits to arise out of land and things attached to the earth, or permanently fastened to anything to the earth.
• As per Section 2(6) of The Registration Act, 1908, immovable property includes land, buildings, 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.
• By reading all the definitions provided in all the three acts, the term immovable property includes the following:
  • Land— The land includes earth’s surface, the column of space above the surface and the ground beneath the surface. Thus, all the objects which are on or under the surface in its nature state are included. And so, the objects placed by human agency with the intention of permanent annexation.
  • Benefits arising out of land —Every benefit arising out of immovable property and every interest in such property is also regarded as immovable property. The examples of benefits are rent from the house, shops and jagir, revenue from agriculture etc.
  • Things attached to earth —It means three things—

(a) Things rooted in the earth, for example, trees and shrubs.

(b) Things embedded in the earth, for example, walls and buildings, etc.

(c) Things fastened for the permanent beneficial enjoyment of anything so embedded, for example, doors, windows, ceiling fans, pegs etc.

• Immovable property includes land, benefits arising out of land, and things attached to earth, except standing timber, growing crops and grass.

Examples of Immovable Property

• The equity of redemption
• The right of ferry
• Rights and interests of a grove-holder in a grove
• A right of way and in the of soil before separation from the earth.
• A right of easement
• A right to jagir income
• A right to use water of stream
• A factory building and the machineries annexed to land

Movable Property

• The term movable property has not been defined in TPA.
• As per Section 3(36) of the General Clauses Act, 1897, movable property shall mean property of every description, except immovable property;

Examples of Movable Property

• Right to worship
• The right of purchaser to have lands registered in his name.
• A decree for sale of immovable property.
• Royalty
• Standing timber
• Growing crops
• Grass

Case Laws:

• In Ananda Behera v. States of Orissa (1955), it was held that the right to enter the land and carry-on fishing for the purpose of business is also regarded as benefits arising out of land.
• In Shanta Bai v. State of Bombay (1958), the Supreme Court held that a right to enter upon the land of another and carry a part of the produce is an instance of benefit arising out of land and therefore a grant in immovable property.