Basic definition
ishaniduggal
(Querist) 19 April 2012
This query is : Resolved
Definition of Immovable property specifically excludes Standing Timber, growing crops adn grass...
Pls can u put some light on the logic for this definition..
Devajyoti Barman
(Expert) 19 April 2012
Buy a standard book on Transfer of Property Act.
Raj Kumar Makkad
(Expert) 19 April 2012
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 above definition, implies that building is included in the definition of immovable property.
Relevant Case Law: Shantabai v. State of Bombay, AIR 1958 SC 532