Transfer of Property Act,1882

Topic:- Immovable Property

Submitted to
Ms. Ashwini Balki

Sumitted By
Shrinivas Pachgave,
III Sem, LLB 3Yr
 PROPERTY
Not defined in TP Act
- When we examine the Act, we realise that the word has
been used in the most widest and generic sense.

• Property denotes
– Every kind of interest or right
– That has an economic content

• Property broadly classified into

– 1. Movable property
– 2. Immovable property
 Immovable property
(TP Act,1982 deals mostly with this)

• TP Act doesn’t define immovable

property in positive sense

• Sec. 3 lays down “immovable

property” does not include
– Standing timber
– Growing crops or
– Grass
 Indian Registration Act
• Immovable property includes:
– Land
– Building
– Hereditary allowances
– Right to ways
– Lights
– Ferries
– Fisheries
– Any benefits to arise out of land and
things attached to earth, but not
standing timber, growing crops or grass
 General Clauses Act, 1897

• According to Sec. 3 (26) of General

Clauses
Act, “immovable property” shall include:
– 1. Land
– 2. Benefits to arise out of land
– 3. Things attached to the earth or
permanently
fastened to anything attached to the earth
1. Land
• Land includes
– Earth’s surface
– Earth’s surface covered by water
– Column of space above the surface
– Ground beneath the surface
• Above the surface:
– Objects placed by human agency with
the intention of permanent annexation
eg: buildings, fences, walls
• Below the surface:
– In its natural state
eg- Minerals
2. Benefits to arise out of land
profits a pendre
• Every benefit arising out of immovable
property
• Every interest in such property
As per registration Act, benefits to arise
out of land:
• Hereditary allowances
• Rights of ways
• Lights
• Ferries
• Fisheries
 Cases

1) Ananda Behera v. State of Orissa (AIR 1956 SC 17)

– Right to catch fish from Chilka lake, over a number of
years, was held to be an equivalent of a benefit to arise out
of land

2) Shanta Bai v. State of Bombay (AIR 1959 SC 532)

– Right to enter land, cut and carry away wood over a
period of twelve years was held to be immovable property.
The right to collect lac from trees is also immovable
property.
3. Things attached to earth
(Doctrine of fixtures)

Sec. 3 of TP Act defines “attached

to earth” as including:
– Things rooted in the earth
– Things embedded in the earth
– Things attached to what is so embedded
– Chattel attached to earth or building
(Chattel - movable property)
 Test

• How to determine whether any movable property

attached to the earth has become immovable
property?

• Two well established tests in

English law:
– Degree / mode of annexation
– Object / purpose of annexation
1) Degree / mode of annexation

This was the rule laid down in Holland v. Hoggson

• If the movable property is resting on the land merely on its
own weight, the presumption is that it is movable property,
unless contrary is proved.
– Eg. A brick resting on the land

• If it is fixed to the land even slightly or it is caused to go

deeper in the earth by external agency, then it is deemed to
the immovable property, unless contrary is proved
– Eg. A machine fixed to the land by using screws
(like in industries)
 2)Object / purpose of annexation

• Whether the purpose was to enjoy the chattel

(movable property) ?
– Some crushed stones are deposited on a land, so that it can be
transported elsewhere in a few days. Here, the intention / object is not
to keep the stones permanently. They are to be enjoyed independently
of the land on which they are deposited.

• Or to permanently benefit the immovable

property ?
– Some blocks of stones are placed one above the other without using
cement, but in a manner that it stays strong and acts as a wall and
prevents cattles entering the land. Here, the intention is to make a wall
out of the stones. It becomes a part of the property. It benefits the
property by protecting to the property.
 Intention is important

• One more rule:

– House owner fixing a fan is permanent. It is deemed that when the
owner of a land does some fixture, he intends to retain the fixture
indefinitely.

– Tenant fixing a fan is temporary. He will surely remove the fan

whenever he vacates the house. It is deemed that when the tenant of a
land does some fixture, he doesn’t have the intention to have the fixture
forever.
Thank You!