immovable property

KANDE VENKATESH GUPTA (Querist) 07 August 2008 This query is : Resolved
Dear members, Whether a fish in the pond is immovable property or movable property, please clarify

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K.C.Suresh (Expert) 08 August 2008
In my knowledge i have not seen any authority on this point. But I am of opinion that it is a movable one.

Guest (Expert) 08 August 2008
From the taxation angle they are treated as goods and therefore i hold that they are moveable property.

Also it is matter as to how long will the fish be in the pond. For anyy usefulk purpose they have to moved out.

Murali Krishna (Expert) 08 August 2008
Good question from academic point of view. 'Immovable property' defined under TP Act is inclusive one. In other Acts like in GC Act, Registration Act, Income Tax Act also 'Immovable Property' is defined. Answer to your question may be remotely connected if you take the definition from Registration Act where immovable property includes 'fisheries' or any other benefit arising out of land.

Manish Singh (Expert) 08 August 2008
Fisheries is an immovable property but again fish is a movable property.
Easement out of fisheries includes fish which can be sold off or so and it will always remain a movable property under the eyes of law.
in your query pond here is an immovable property.

Srinivas.B.S.S.T (Expert) 08 August 2008
The fish will be treated as immovable property as long as it is in the pond and will become movable property as soon as it removed from the pond. Am I right sir?

V.Raghavan (Expert) 09 August 2008
The view of Mr.Srinivas is correct. Once it is taken from the pond it attains the character of immovable property.It is one of the interesting thread and recalls what we learnt in the law college. Any how i need some more views on this. Thanks for everybody for their interest in participating and particularly Mr.Kande Venkatesh Gupta who initiated

Sarvesh Kumar Sharma Advocate (Expert) 09 August 2008
A fish in the pond is immovable property .

Manish Singh (Expert) 09 August 2008
yes , its becoming interesting. But I would like to add a point that fish even being a part of that pond cant be called an immovable property but only the pond as a whole with fishes in, is an immovable property.
Fish is just an easement out of that fisheries which can be enjoyed by the party.

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