MAHATMA A PROJECT ON:-

GANDHI MISSION' MOVABLE PROPERTY

S LAW COLLEGE

SUBMITTED TO:-
SUREKHA NAKMAN MAM

SUBMITTED BY:-
YUKTA GHOLAP

ROLL NO. :- 14
INTRODUCTION

A transfer refers to a conversion of a thing from one person to another person.

Property may be defined as anything physical or a virtual entity owned by an individual
or a group of people. A property can be transferred from one person to another
person by transferring rights, or interest, or ownership, or possession the party can
satisfy either or all the ingredients. Anything that is not affixed to the land can fall under
the category of movable property, irrespective of its shape, size, quality, or quantity.
However, there is no need to register the movable property under the
Indian Registration Act, 1908. Movable properties are either consumable or non-
consumable and are not subjected to accretion to an inherited impartible estate
MEANING OF MOVABLE PROPERTY

Moveable Property, as the name suggests, in the general sense, means goods or things belonging
to someone which can be moved from one place to another. For example, jewellery, table, etc.
It is personal property and is movable. Personal property of any kind which can be moved
comes under the moveable property. It is defined under the various statutes in Indian law.
As per the Transfer of Property Act 1882, movable Property is those properties that are
not immovable as follows:
 Easement
 Right of enjoyment of immovable property under lease.
 A right of fishery
 A right to collect rent of immovable property
 Interest of mortgagee
MOVABLE PROPERTY EXAMPLES

 Vehicles, electronic devices, jewellery, books, timber, etc.

 Mango trees once cut and sold for timber purposes are also classified under the
movable property section
 Growing crops and grass
 Royalty
 A decree for the amount of rent money owed
 Promissory notes issued by government offices
 Any machinery equipment that is not attached to the earth
 Stock shares
 Scientifically controlled forces of nature
DEFINED UNDER VARIOUS STATUTES IN INDIAN LAW

Registration Act, 1908 – According to Section 2 (9) – ‘Moveable property’ includes

standing timber, growing crops and grass, fruit upon and juice in trees, and property
of every other description, except immovable property.”
Moveable Property includes standing timber like trees which are used for commercial
purposes like Bamboo, oak, neem tree, etc. growing crops and grass which can be
harvested from the land after cultivation comes under moveable property as it can
be used for commercial purposes. Fruits and juices and other products obtained
from trees and bushes are also moveable properties like – rubber, wax, fruits, etc.
Things that can be used daily that are moveable, irrespective of it growing on an
immovable property like land are called moveable property.
DEFINED UNDER VARIOUS STATUTES IN INDIAN LAW

The Indian Penal Code – The Indian Penal Code also defines Moveable Property.
According to Section 22 – “The words “movable property” are intended to include
corporeal property of every description, except land and things attached to the earth
or permanently fastened to anything which is attached to the earth.”
Things that can be moved are moveable property unlike the things which are
permanently attached to the earth are moveable property. Substances that are grown
on immovable property and which are used legally for trade and other businesses
come under a moveable property. Things that cannot be moved and are permanently
fastened to the earth are not moveable properties.
DEFINED UNDER VARIOUS STATUTES IN INDIAN LAW

General Clause Act, 1977 – According to Section 3 (36) – “Movable property shall
mean the property of every description, except immovable property.”
Property that does not come under the category of immovable property is known as
moveable property. For instance, anything like cars, clothes, chairs, computers are
moveable property whereas land is an immovable property.
ESSENTIAL ELEMENTS OF THE TRANSFER OF PROPERTY ACT, 1882

 To be a living or juristic person: For a transfer of property, there must be a

transfer between living or a juristic person. In Shiromanigurudwara Prabhakar
committee, Amritsar v. Sri Somnath Dass (2000) the court defines a juristic person
which can be an individual firm, corporate, company society, association, but not a
partnership. Anyone who can sue or can be sued would satisfy this requirement.
 Transfer through Conveyance: Conveyance of property can be either done in
the present or in the future. It is necessary to ensure nothing is transferred before
the title.
 The rule against perpetually: It is necessary that the property must be
transferred during the lifetime of an individual perpetuity rule should not be followed
during the time of transfer of property
ESSENTIAL ELEMENTS OF THE TRANSFER OF PROPERTY ACT, 1882

 The transfer should be made in a prescribed form: The transfer of property

need not be in be made in writing however certain property to transfer then it must
be in writing:
1. Sale of movable property value more than a hundred rupees.
2. Sale of intangible must be in a written format.
3. All mortgages which are more than a hundred rupees should be transferred in a
written form.
4. The transfer of actionable claims must be in a written form.
5. A gift in a form of immovable property.
6. Lease of immovable property exceeding more than one year.
 ESSENTIAL ELEMENTS OF THE TRANSFER OF PROPERTY ACT, 1882

 Transfer of property must be done by a competent person: For a valid

transfer, it is necessary that the property transferred should be of a sound mind,
should not be intoxicated, must be a major or he is not a person disqualified by law
cannot enter into a contract of transfer of property with another person.
 Property cannot be transferred to an unborn child: A property cannot be
transferred to an unborn child necessary to consider that while transferring the
interest of the property person should be above the age of 18 years.
 Conditional transfer of property: Under Section 25 of the transfer of property
Act, 1882, the property can be transferred complying to the condition mentioned. If
the condition becomes impossible, forbidden by law, opposed to public policy, or is
immoral the transfer would be held void.
CASE STUDIES

SPKN Subramanian Firm v. M. Chidambaram (AIR 1940 MAD 825) –

 “oil engine” (generator) was fixed by defendants using nuts and bolts in a cinema hall
for generating electricity. The machine was pledged by way of security bond. Whether
the machine is a “movable” or “immovable” property?
 Defendants had taken the premises on lease. Hence, they never had the intention of
making the machine a part of the immovable property. The machine (oil engine) was
held to be an immovable property.
 Principle: intention of the party fixing it. Whether permanent or temporary.
CASE STUDIES

Duncans Industries Ltd. v. State of UP (2000 1 SCC 633) –

 Again, the court held that the intention of the party fixing the equipment should be
considered. Whether the intention was to have the equipment permanently or
temporarily.
 This depends on – whether the immovable property is his own or is taken on rent
or lease.
Bamadev Panigrahi v. Monorama Raj (AIR 1973 AP 226) –
 Cinema equipment's like projector, diesel engine etc, installed on the tenanted land
temporarily, are movable properties.
 Even if the equipment's were fixed strongly, the land was taken on mortgage. Hence,
we can infer that the equipment's will be fixed only till the terms of mortgage lasted.
 Property is an important part of life and is
governed by various statutes. It can be divided
into two – Moveable Property and Immovable
Property. It is used for the transfer and
ownership of property and for solving day to
day cases. Both Moveable and Immovable
properties hold various rights and duties on
the part of the owner and the transferer of the
CONCLUSION property.
The Act was introduced with an intention to
create a comprehensive Act which provides
information about the transfer in a very simple
language during the time of introduction it was
not complete and had various uncertainties. It
has gone through various amendment
processes and the act has proved it time and
again about its effectiveness.