Property is a term used in law to refer to a wide range of objects. It covers not only real assets like land and things, but also intangible rights that could be used as a revenue stream. Similar to the global commons, which are resources that everyone can use and enjoy without granting any one individual an exclusive right, are properties. However, movable or immovable properties are those that can only be owned by one person or one person and one other person.
This exclusive right of possession and ownership of property manifests as the unrestricted enjoyment and disposal of property, so long as it complies with the law of the land.Property is typically described as any tangible or intangible thing that is owned by an individual, a group of individuals, or both. The Benami Transactions (Prohibition) Act of 1988 provides a good legal definition of property as “property of any type, whether mobile or immovable, tangible or intangible, and includes any right or interest in such property.
“A distinct classification of property based on standard criteria is extremely significant and required due to the variety of procedural and substantive rules that are applicable to various properties and their transfers. The distinction between moveable and immovable property is one of the most significant in the world of property. This classification is the consequence of various laws coming together to define exactly what is meant by moveable and immovable property.
Immovable property is defined as such on the basis of movability in common usage. The General Clauses Act of 1897 has the most concise definitions of immovable property, however they are not all-inclusive. Immovable property is defined as “land, benefits derived from land, objects fixed to the earth, and things permanently fastened to anything attached to the earth.
“The Transfer of Property Act, 1882, is the primary document that addresses movable property. It does not provide the clearest explanation of what an immovable piece of property actually is. The Act offers the following examples of what does not fall under the concept of “immovable property”: “Grass, crops in growth, and standing timber are not considered to be immovable property. However, it clarifies what is meant when the General Clauses Act uses the phrase “connected to the soil” to include:
(a) rooted in the ground, as trees and plants are;
(b) buried under the ground, as in the case of buildings or walls; or
Things that cannot be held as immovable property:-
Standing Timber, Crops and Grass
-Standing Timber: Not every tree qualifies as standing timber. Standing timber is a term used to describe trees that will be used for construction or home repair projects. This would include plants like teak, ash, neem, oak, and ash trees. The key point of contrast is that standing timber refers to trees that are planted with the intention of being typically chopped down and utilised for other uses rather than primarily taking nourishment and sustenance from the soil. Fruit-bearing trees fall into the category of immovable property because they are not regarded as standing timber.
-Growing Crops: Growing crops include a variety of millets, such as wheat, rice, and others, as well as vegetables like bottle gourds and pumpkin. The primary factor to take into account is the fact that these crops are only used as produce or as fodder after producing their final product. As a result, it is transportable property.
-Grass is regarded mobile property even if the right to cut it would be considered movable property because it would be an interest in land.
Kind of immovable properties that are not transferable
Brush Up Your Basic Knowledge About Movable and Immovable Property
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