Immovable property under transfer of property act. (JUDICIAL ANALYSIS) HARSHIKA AGRAWAL

INTRODUCTION

The word property has not been characterized in the Demonstration, yet it has an exceptionally wide significance and incorporates properties, all things considered. It incorporates mobile properties, for example, case, books, and so on, and incorporates resolute properties likewise, for example, grounds, or houses. It additionally incorporates theoretical properties, for example, possession, occupancy, copyrights, and so on

IMMOVABLE PROPERTY

Meaning
According to Section 3, immovable property does exclude standing timber, growing crops and grass. The word-standing timber incorporates Babool Tree, Shisham, Nimb, Ecclesiastical Banyan, Teak, Bamboo, and so on. The natural product bearing trees like Mango, Mahua, Jackfruit, Jamun, and so forth, are not standing timber, and they are steadfast properties ( Fatimabibi v. Arrfana Begum, AIR 1980 Each of the 394).
Regardless of whether trees can be viewed as versatile or steady relies on the conditions of the case. On the off chance that the expectation is that trees should keep on having the advantage of additional food or nutriment by the dirt (land), e.g., charging their organic products, at that point such tree is undaunted property. In any case, if the goal is to chop them down sometime for the reason using the wood for building or other mechanical reason, they would be lumber and of appropriately be viewed as portable property (Shantabai v. Territory of Bombay, AIR 1958 SC 532).
Standing woods: standing lumbers are trees fit for use for building or fixing houses. Developing Yield:- It incorporates all vegetables developments which have no presence separated from their produce, for example, dish leave, sugarcane and so forth
Grass: Grass is a versatile property, yet in the event that it is all in all correct to cut grass it would be an interest in land and henceforth shapes enduring property.
According to Area 3(25), General Provisions Act, 1897 Unflinching property will incorporate land, advantages to emerge out of land and things joined to the earth, or for all time affixed to anything appended to the earth.
The Indian Enrollment Act explicitly incorporates under to resolute property the advantages to emerge out of land, genetic recompenses, privileges of way, lights, ships and fisheries.
On account of Sukry Kurdepa v. Goondakull (1872) court has clarified that mobility might be characterized to be a limit in~ a thing of enduring change. Then again, if a thing can’t change its place without injury to the quality it is relentless.

References

https://thefactfactor.com/facts/law/civil_law/topa/immovable-property/2229/

AUTHOR:

HARSHIKA AGRAWAL
(AMITY UNIVERSITY MUMBAI)