THE TRANSFER OF PROPERTY ACT LLB NOTES PREPARED IN QUESTIONS- ANSWERS FORMAT

 

Q. State the difference between movable and immovable property 

	MOVABLE PROPERTY	IMMOVABLE PROPERTY
DEFINITION	Movable property is not defined under Transfer of Property Act. • As per General Clauses Act, 1897 Movable property means “property of every description except immovable property”. As per Section 2(9) of Registration Act it include property of every description excluding immovable property but including standing timber, growing crops and grass.    Example of movable property- Machinery fixed on land temporary. Intellectual property right.  Standing timber and growing grass Right to recover maintenance allowance.   Royalty  Copyright	Not defined under Transfer of Property Act. As per Section 3, immovable property does not include standing timber, growing crop and grass. Standing timbers are tree fit for use for building or repairing houses.  This is an exception to the general rule that growing tree are immovable property.  (1) Growing Crop:- It includes all vegetables growths which have no existence apart from their produce such as pan leave, sugarcane etc  (2) Grass:- Grass is an movable property, but if it is right to cut grass it would be an interest in land and hence forms immovable property.   As per Section 3(25), General Clauses Act, 1897 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.   The Indian Registration Act expressly includes under to immovable property the benefits to arise out of land, hereditary allowances, rights of way, lights, ferries and fisheries.  Example of immovable property - •Chattel embedded in earth.  • Easement. • Right of way. • Right of enjoyment of immovable property under lease. • A right of fishery. • A right to collect rent of immovable property. • Interest of mortgagee
MOVEMENT	The movable property can easily be transported from one place to another, without changing its shape, capacity, quantity or quality..	The immovable property cannot easily be transported from one place to another. If transported, it will lose its original shape, capacity, quantity or quality
transfer	Mere delivery with intention to transfer the movable property completes the transfer..	Mere delivery does not sufficient for a valid transfer. The property must be registered in the name of the transferee
registration	Registration is optional under the Indian Registration Act,  1908.	Compulsorily registration under the Indian Registration Act, 1908, subject to condition that its value if exceeds Rs. 100
Illustration	Mango trees, if cut and sold for timber purpose, are deemed as movable property.	Mango trees, if sold for nourishment and for fruits, they are deemed as immovable property.
Example	vehicles, books, utensils, timber, etc..	Land, houses, trees attached to the ground; so long they are so attached