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This document discusses the definition of immovable property under Indian law. It notes that immovable property includes land, benefits arising from land, and things attached to the earth or permanently fastened to anything attached to the earth. This includes things rooted in or embedded in the earth, as well as things attached in a way that provides permanent beneficial enjoyment. Immovable property thus encompasses land and anything fixed to the land, even slightly, or caused to go deeper in the earth, as long as the purpose is to permanently benefit the land.

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22 views

New OpenDocument Text

This document discusses the definition of immovable property under Indian law. It notes that immovable property includes land, benefits arising from land, and things attached to the earth or permanently fastened to anything attached to the earth. This includes things rooted in or embedded in the earth, as well as things attached in a way that provides permanent beneficial enjoyment. Immovable property thus encompasses land and anything fixed to the land, even slightly, or caused to go deeper in the earth, as long as the purpose is to permanently benefit the land.

Uploaded by

ViseshSatyann
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTRODUCTION

Mortgage is the one kind of transfer and it is the one kind of title transfer of specific immovable
property. Section 5 of the Transfer of Property Act, 1882 1 defines “transfer of property”. Transfer of
property means an act by which a living person conveys property to one or more other living
persons. Property means: (1) the thing itself, or (2) some or all the rights in a things.

The provision of Section 3 of the Transfer of Property Act, 1882 does not provide for a
comprehensive definition of ‘immovable Property’, however, it only mentions that ‘immovable
property’ does not include standing timber, growing crops, or grass. According to Sec.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 attached to the earth”.
“Attached to the earth” means Rooted in the earth(like tree and shrubs) , Imbedded in the earth(like
walls etc) ,Attached in such a way which gives permanent beneficial enjoyment.

So, Immovable Property It includes land, benefits to arise out of land, and things attached to the
earth. If the thing is fixed to the land even slightly or it is caused to go deeper in the earth by
external agency, then it is deemed to be immovable property. If the purpose of annexation of a
thing is to confer a permanent benefit to the land to which it is attached, then it is immovable
property.

1 ACT NO. IV OF 1882

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