HEADING- 4 SUB HEAD – 4 – Moveable and Immoveable Property

Property can be defined as an asset which has certain value and can be sold to earn
profits or given on lease/rent to generate revenue from rent for the owner of the
property. It is an essential part of a person’s belongings and hence requires it to be
covered under Law so that people have legal right over their property. In order for
the protection of one’s right over their property. Some Law has to look for people’s
economic right and legal right over their property and such law needs to be enacted
to protect such rights. Hence The Transfer of Property Act, 1882 comes into play
and it aims to protect right of the people over their property whilst making sure it is
good enough to be still regarded relevant in the future and is able to meet
challenges it would face by the evolving society and is clear enough that it leads to
no confusions or invite interpretation of it or its contents which deter from the
purpose of this law. It distinguishes property in two categories- Moveable and
Immoveable property for the purpose of law. Moveable property talks about the
property which is capable of being displaced from one place to other. For example,
A sells his watch to B; the property in question is a moveable property.
Immoveable property is something which cannot be transferred from one place to
another. For example- If C sells his house to D; the property in question would be
understood as immoveable. Section 3 of the Transfer of Property Act, 1882 defines
immoveable property. Section 3 of the Transfer Property Act 1882,
(Interpretation clause) of The Transfer Property Act, 1882 defines immovable
property. The Act does not include standing timber, growing crops, grass. It also
seeks to establish what attached to Earth means as stated below:

Attached to the Earth means:

a) Rooted in the Earth as in shrubs, as in the case of trees and shrubs;

b) Imbedded in the Earth, as in the case of walls, buildings, etc.; or
c) Attach to what is so imbedded for the permanent beneficial enjoyment of
that to which it is attached;

Section 5 talks of the Transfer of Property Act, 1882 talks about what
transfer of property are:
“Transfer of Property means an act by which a living person conveys
property, in property, in present or in future, to one or more others living
 persons, or to himself and one or more there living persons; and “to transfer
property” is to perform such act.”

Transfer of Property Act, 1882 is an act which overlooks and is concerned with
possession or dispossession or transfer of a property. The phrase “Attached to
Earth” is also explained which means rooted in Earth which covers trees and
shrubs or imbedded in Earth like walls and building to establish clarities and not
invite any ambiguous interpretation. The Transfer of Property Act 1882 establishes
a fine line of difference between Moveable and Immoveable property and it makes
it easier to comprehend the difference between the two and makes it easier govern
the transfer of property under these categories as defined under the Transfer of
Property Act, 1882.