Property means an unrestricted right to a thing. A person can claim right over a property either by claiming ownership title or by having possession of a property. For instance, A is the owner of the house and he gives his property on rent to B. Here A has the ownership and B has a right to possession of the house. Further, we can classify property into movable and immovable. Movable property includes goods defined under section 2(7) of Sales of Goods Act, 1930. For example share and stocks, growing crops, grass etc.
Under Transfer of Property Act, 1882 we are only concerned with immovable property. The term ‘immovable property’ is not exactly defined under this act. Section 3 of Transfer of property act, 1882 states,-“Immovable property” does not include standing timber, growing crops or grass. This interpretation does not clarify the term. To understand properly we refer Section 3(26) of General Clauses Act, 1897 which states,-“immovable property include land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.”
Land means earth’s surface, ground beneath the surface and all those objects on or under the surface in natural or unnatural form. For example minerals, oil, gases etc. It is interesting to know that land also includes lakes, ponds, and rivers. Furthermore, if any benefit or profit arising out from such land then it is the part of the immovable property. Such as rent received from a tenant, sale of fruits from fruit bearing trees etc. Any thing attached to the earth, rooted and embedded in the earth such as building, walls, trees, shrubs are also considered as immovable property. Objects which are permanently fastened with things attached to earth like doors and windows fixed to a building is also be covered under it. However, it is important to note down that trees like timber, neem, teak, bamboo, babul etc. wood of which is used for building, repairing, and industrial purpose (excluding firewood) are covered under movable property even though it is permanently rooted in the earth. This is because these are grown with the intention to cut down after it attains certain age and size.
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