Things that cannot be held as Immovable Property

Immovable Property Meaning

According to several sources and popular understanding, moveable property includes items like jewellery, watches, laptops, cash, and more. Both Section 12(36) of the General Clause Act of 1847 and the Transfer of Property Act of 1882 refer to “movable property.” Movable property is defined as “any corporeal property, save land and items firmly affixed to the soil” in Section 22 of the Indian Penal Code (IPC).

Immovable property most frequently refers to real estate, such as a home, warehouse, factory, or manufacturing facility. Other forms of immovable property include plants and trees rooted to the ground. Real estate is nevertheless subject to income tax and legal obligations. Immovable property is an asset that cannot be transported from one location to another. There are ownership rights associated with immovable property.

Immovable property is defined as “land, advantages to come out of the land, and items fixed to the earth, or permanently fastened to anything attached to the earth” in Section 3 (26) of the General Clause Act of 1847. Nothing that is immovable can be moved. A cement park seat cannot be moved, unlike a bicycle, a supermarket cart, or a balloon.

The Registration Act of 1908’s Section 2(6) reads, “Immovable Property includes land, buildings, inherited allowances, rights to ways, lights, ferries, fisheries, or any other advantages to arise out of the land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but does not include standing timber, growing crops, or grass.”

Rights associated with Immovable Property

A person has specific rights if they are the owner of immovable property. These consist of:

  • Right to collect dues: The owner of the immovable property has the right to collect the fees if the property has been leased out so that another person or party can cultivate on it or use it to generate money via his or her services.
  • Right of ferry: In exchange for the payment of a fair toll, the authority has the right to keep a vessel on a body of water for the purpose of transporting people and vehicles across it. A ferry can also be a roadway that crosses a stretch of water from one side to the other.
  • Legal ability to collect rent: A property owner has the right to do so by renting out his home
  • Right of way: Trespassing on a certain piece of land, whether it be public or private, may be illegal.
  • Right of fishery or factory: The owner of this immovable property would be the only person with public access to fish in a particular river or lake or visit a certain factory.

Things that cannot be held as Immovable Property

Movable property includes things like standing timber, growing crops, and grass since they are all regarded exceptions to the definition of immovable property. The usage pattern of these goods serves as the basis for this difference. When these products are harvested for use as construction materials (wood), food (crops), and grazing, the profits are the highest (grass). When it is chopped down, its function is fulfilled, making it moveable property.

  • Standing Timber

Trees that are suitable for use in constructing or mending homes, bridges, ships, etc. are referred to as standing timber. Timber must be chopped and removed when it is sold. It will no longer be attached to the land in any way, making it non-movable property. 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 since they are not regarded as standing wood.  Fruit-bearing trees such as mango, mahua, jackfruit, jamun, etc. are immovable assets and do not constitute standing wood ( Fatimabibi v. Arrfana Begum, AIR 1980 All 394).

Depending on the specifics of the situation, trees may be either moveable or immovable. If it is intended for trees to continue receiving more nourishment or nutrition from the soil (land), such as through enjoying their fruits, then such a tree is immovable property. But if the plan is to chop them down eventually to use the wood for construction or another industrial use, they would be considered to be moveable property because they are made of wood (Shantabai v. State of Bombay, AIR 1958 SC 532). Standing timbers are suitable for use in the construction or restoration of homes. The conventional rule that a budding tree is immovable property is not applicable in this case.

  • Growing Crops

Millets like wheat and rice, as well as vegetables like bottle gourds and pumpkin, are among the crops that are now being grown. The primary factor to take into account is the fact that these crops are only used as produce or as fodder after producing their ultimate product. As a result, it is movable property. It comprises all vegetative growths, such as sugarcane and pan leaf, that exist only to provide food.

  • Grass

While grass itself is regarded as moveable property, the right to cut it would represent an interest in land, making it an immovable property. Immovable property is defined as land, advantages derived from land, and items fixed to the earth or permanently fastened to anything attached to the earth, according to Section 3(25) of the General Clauses Act of 1897.

The Indian Registration Act specifically mentions advantages resulting from land, hereditary allowances, rights of way, lights, ferries, and fisheries under immovable property.

In the case of Sukry Kurdepa v. Goondakull (1872), the court explained that the ability of an object to undergo transformation may be described as movability. On the other hand, something is considered immovable if it cannot shift locations without degrading its quality.

References

https://www.legalserviceindia.com/legal/article-2117-transfer-of-property-act-topa-tpa-.html

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