A PROJECT

ON

A COMPARATIVE STUDY OF MOVABLE AND

IMMOVABLE

[Submitted as a partial fulfilment of the requirements for B.A.L.L.B. (Hons.) 5 Year

Integrated Course]

Session: - 2019-20

Submitted On:-

03/ O3 / 2020

Submitted By: - Submitted To: -

DR. ABHISHEK KUMAR TIWARI
RAVI PRAKASH ARYA
Faculty
ROLL NO:- 53
UFYLC
SEMESTER:- VI, A

University Five Year Law College, University of Rajasthan,

Jaipur
 CERTIFICATE

DATE: 03/03/2020
DR. ABHISHEK KUMAR TIWARI
Faculty
University Five Year Law College
University of Rajasthan,
Jaipur

This is to certify that Mr. RAVI PRAKASH ARYA student of semester VI, sec. A
has carried out project titled ‘A COMPARATIVE STUDY OF MOVABLE
AND IMMOVABLE’ under my supervision. It is an investigation report of a
minor research project. The student has completed research work in stipulated time
and according to the norms prescribed for the purpose.

Supervisor
 DECLARATION OF ORIGINALITY

I, RAVI PRAKASH ARYA , hereby declare that this project titled “A COMPARATIVE STUDY
OF MOVABLE AND IMMOVABLE” is based on the original research work carried out by me
under the guidance and supervision of “DR. ABHISHEK KUMAR TIWARI”.The interpretations put
forth are based on my reading and understanding of the original texts. The books, articles, websites etc.
which have been relied upon by me have been duly acknowledged at the respective places in text.

For the present project which I am submitting to the university, no degree or diploma has
been conferred on me before, either in this or any other university.

SIGNATURE
DATE:- 03/03/2020
 ACKNOWLEDGEMENT

I have written this project “A COMPARATIVE STUDY OF MOVABLE AND IMMOVABLE” under
the supervision of DR. ABHISHEK KUMAR TIWARI Her valuable suggestions herein have not only
helped me immensely in making this project but also in developing an analytical approach to this work.

I would like to express my sense of gratitude for Director, Dr.SanjulaThanvi and Deputy
Directors Mrs. Preeti Joshi & Mr. AbhishekTiwari for constant encouragement at every step.

I am extremely grateful to the library staff and the librarian of the college for the support and
Cooperation extended by them from time to time.

RAVI PRAKASH ARYA

 TABLE OF CONTENT

CERTIFICATE

DECLARATION OF ORIGINALITY

ACKNOWLEDGEMENT

CHAPTER 1

INTRODUCTION

CHAPTER 2

MOVABLE AND IMMOVABLE PROPERTY

CHAPTER 3

Distinction between movable and immovable property

CONCLUSION

BIBLIOGRAPHY
 CHAPTER 1

INTRODUCTION

The word property is a term of broad and extensive application. The term may have different
meanings depending on the context and the purposes for which it is used. Property is a
comprehensive term, descriptive of every possible interest in a thing, which a man can possess.
In generic sense, it is any physical or virtual entity that is owned by an individual or jointly by a
group of individuals. But in a more legal sense, property can be seen as framework of norms
concerning rights, privileges, powers and immunities in relation to the use of ‘things’.1

In English law, property used to be divided into realty and personalty. Broadly, immovable
property was realty and movable goods were personalty. It could be said that interest in land
were property, and interests outside that system, such as leases, were treated as personalty. In
modern English law, after the Real Property Amendment Act, 1925, property is now classified
between movable and immovable only. Indian law too bifurcate property into 2 categories:
movables and immovables.

The Transfer of Property Act, 1882, does not define what property is. But, there are different
definitions given within different statutes as per their uses and needs. Section 2(c) of the Benami
Transactions (Prohibition) Act, 1988, defines property as: property of any kind, whether movable
or immovable, tangible or intangible, and includes any right or interest in such property. Section
2(11) of the Sale of Goods Act, 1930, defines property as general property in goods, and not
merely a special property. None of these definitions are exhaustive in themselves but they do
provide us with an idea of what all property consists of.
Origin

The word “property” is derived from the Latin word proprietary and the French equivalent
properties, which means a thing owned. The concept of property and ownership are very similar
to each other. However, there is a fine line that distinguishes the two terms. It will not be
incorrect to state that humans have been aware of their rights to possess what they rightfully own
for long. The term property has been widely interpreted by various jurists such as Salmond,
Bentham and Austin. Close observation of the definitions given by them will help us understand
the concept in a better manner.

Definition of Property

Eminent jurist Salmond while defining the term property, observed that the term might be
understood in one of the three senses mentioned below:

(i) The term property includes all the legal rights of a person. That is to say that it includes
complete ownership of a man on material as well as incorporeal things.

(ii) The term includes not a man’s personal rights, but only his proprietary rights.

(iii) The term includes the rights of ownership in material things such as building etc. According
to another jurist, Bentham, the term property includes ownership of material objects alone. He
has, in a way, interpreted the term in a narrow sense. According to Austin, Property denotes the
greatest right of enjoyment known to the law, including servitudes. The Property includes both
proprietaries as well as the personal rights of a man 1.

1
https://blog-ipleaders-in.cdn.ampproject.org/v/s/blog.ipleaders.in/concept-of-
property/amp/?amp_js_v=a2&amp_gsa=1&usqp=mq331AQFKAGwASA%3D#aoh=158282174
21774&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&ampshar
e=https%3A%2F%2Fblog.ipleaders.in%2Fconcept-of-property%2F
 CHAPTER 2

Movable Property

At first glimpse, the question –what is a movable property – sounds too basic to warrant any
attention. The definition, however, is by no means rigid. The law may be written so as to place a
specified thing in one category or the other, for the sake of legal convenience, even though it
may seem illogically categorized in a layman’s mind.

The concept of movable property is better understood in context to immovable property. In

general, the distinction between immovable and movable property rests on ordinary conceptions
of physical mobility: immovables would be such things as land or buildings, which are thought
to be stationary in space; movables would be such things as cattle or personal belongings, which
can either move themselves or be moved in space.

There is no definition of movable property in the Transfer of Property Act, 1882. It simply says
that “immovable property” does not include standing timber, growing crops or grass. Thus, it can
be inferred that standing timber, growing crops or grass are movable property because what is
not immovable may be movable. These elements have been further discussed through the paper.
Nonetheless, movable property has been defined in many other statutes in order to provide a
better understanding of the concept.

i. Movable property has been defined negatively in Section 3(36) of The General
Clauses Act, 1897, to mean ‘property of every description except immovable
property’.

ii. Section 2(9) of the Registration Act, 1908, defines movable property in a positive
manner as one which includes standing timber, growing crops and grass, fruit upon
and juice in trees and property of every other description, except immovable property.

iii. Section 2(7) of the Sale of Goods Act, 1930, defines movable property as ‘Goods’
 which mean every kind of movable property other than actionable claims and money;
and includes stock and shares, growing crops, grass, and thingsattached to or forming
part of the land, and which are agreed to be severed before sale or under the contract
of sale.

2.2 Immovable property

The Term "Immovable Property" occurs in various Central Acts. However none of
those Acts conclusively define this term. The most important act which deals with immovable
property is the Transfer of Property Act (T.P.Act). Even in the T.P.Act this term is defined in
exclusive terminology.

i. According to Section 3 of that Act, "Immovable Property" does not include standing timber,
growing crops or grass. Thus, the term is defined in the Act by excluding certain things.
"Buildings" constitute immovable property and machinery, if embedded in the building for the
beneficial use thereof, must be deemed to be a part of the building and the land on which the
building is situated.

ii. As per Section 3(26) of the 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". This definition of immovable property is also not exhaustive;

iii. Section 2(6) of The Registration Act,1908 defines "Immovable Property" as under:

"Immovable Property includes land, building, hereditary allowances, rights to ways, lights,
ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or
permanently fastened to anything which is attached to the earth but not standing timber,
growing crops nor grass".
 The definition of the term "Immovable Property" under the Registration Act 1908, which
extends to the whole of India, except the State of Jammu and Kashmir, is comprehensive. The
above definition implies that building is included in the definition of immovable property.

The following have been held as immovable property.

A right to collect rent, life interest in the income of the immovable property, right of way, a
ferry, fishery, a lease of land.
iv. The term "Immovable Property" is defined in other Acts for the purpose of those Acts. As
per Section 269UA(d) of the Income Tax Act, 1961, Immovable Property is defined as under :

a. Any land or any building or part of a building, and includes, where any land or any building
or part of a building is to be transferred together with any machinery, plant, furniture, fittings or
other things, such machinery, plant, furniture, fittings and other things also.

Any rights in or with respect to any land or any building or part of building (whether or not
including any machinery, plant, furniture, fittings or other things therein) which has been
constructed or which is to be constructed, accruing or arising from any transaction (whether by
way of becoming a member of, or acquiring shares in, a co-operative society, or other
association of persons or by way of any agreement or any arrangement of whatever nature, not
being a transaction by way of sale, exchange or lease of such land, building or part of a
building2.

2
http://www.legalservicesindia.com/article/502/Definition-&-concept-of-property.html
 CHAPTER 3

Distinction between movable and immovable property:

Movable Property Immovable Property

1. According to Section 2 of Sale of
Goods Act, it includes stocks and shares,
growing crops, grass and things
attaching to or forming part of the land,
and which are agreed to be severed
before sale or
under the contract of sale.
2. If the thing is resting on the land
merely on its on weight, the presumption
is that it is movable, unless contrary is
proved.
3. If the purpose was only to enjoy the
thing itself, then it is movable property
even though it is fixed in the land.
4. In most of the cases, no registration is
1. According to Section 3 of the General
Clauses Act, it includes land, benefits to
arise out of land, and things attached to
the earth.
2. If the thing is fixed to the land even
slightly or it is caused to go deeper in
the earth by external agency, then is
deemed
to be immovable property.
3. 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.
4. Transfer of immovable property

required to transfer movable property. requires registration of the document.

5. Examples include right to worship, Examples include benefits to arise out of
royalty, a decree for sale of immovable kind such as hereditary allowances, right
property, a decree for assessment of of way, ferries and fisheries, right
rent, Government promissory notes, to collect rent and profits of
standing immovable
3.1 RELATED CASES

State of Andhra Pradesh v. National Thermal Power Corp Ltd.

In State of Andhra Pradesh v. National Thermal Power Corp Ltd., it was held by the Supreme
Court that electricity is a movable property and it cannot cease to be so, merely because
electrical energy is not chargeable or cannot be moved or touched like, for instance, a piece of
wood or a book, when it has all the attributes of such a property.

Shantabai v. State of Bombay AIR 1998 SC 5323

The Supreme Court in Shantabai v. State of Bombay, held that if the owner of a tree is interested
in further vegetative growth of the tree, it is a ‘tree’ and hence, an immovable property; but if it
is intended to be cut reasonably early, the tree is a ‘standing timber’ and thus, a movable
property.

State of Orissa v. Titaghur Paper Mills AIR 1985 SC12934

In State of Orissa v. Titaghur Paper Mills, one of the contracts related to an agreement of a
company with the state of Orissa for the purpose of felling, cutting and obtaining and removing
bamboos from forest area for manufacturing of paper. The agreement was for a long term
extending to 14, 13 and 11 years with an option to the company to renew the contract for a
further term of 12 years and it embraced not only the bamboos in existence at the date of contract
but also bamboos which were yet to grow and come into existence. The court was of opinion that
the terms and conditions of the bamboo contract undoubtedly suggests that it confers on the
company, a benefit to arise out of land and it would hence, be an immovable property.

3
Shantabai v. State of Bombay AIR 1998 SC 532

4
State of Orissa v. Titaghur Paper Mills AIR 1985 SC1293
 CONCLUSION

the concept of Property has witnessed a vast transition. The reason behind this transition may be
the jurisprudential aspect of the concept. Thus, from a piece of brick to an idea behind a product,
Property as a concept has developed in an unanticipated manner. The research being done in the
field of property law makes it a dynamic concept which will continue to evolve in the years to
come in the near future. The existence of concept of property is from the ancient period. This
concept has a very broad history. There are many philosophies laid down by many thinkers like
Bentham, Laski. These philosophies are very helpful in understanding the concept of property.
The main finding was that the term property is defined in different ways in each act as to its use.
As in Sale of Goods act 1930 it is defined differently than in Benami Transactions (Prohibition)
Act, 1988. In transfer of property act which is most important act which deals with property does
not have definition of the term property. There are many kinds of property as to it uses.In today’s
era, not only the things which can be seen or touched but also the things which cannot be
touched or seen come in the purview of property
 BIBLIOGRAPHY

BOOKS

A] Studies in Jurisprudence & Legal Theory

Dr. N.V. Paranjape, Central Law Agency, Reprint 2010

WEBSITES
A] https://blog-ipleaders-in.cdn.ampproject.org/v/s/blog.ipleaders.in/concept-of-
property/amp/?amp_js_v=a2&amp_gsa=1&usqp=mq331AQFKAGwASA%3D#aoh=158282174
21774&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&ampshar
e=https%3A%2F%2Fblog.ipleaders.in%2Fconcept-of-property%2F

B] http://www.legalservicesindia.com/article/502/Definition-&-concept-of-property.html

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