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Nirali Nayak   25 June 2021

Doctrine of fixture

Dear learned counsel,

Could you please explain to me the doctrine of fixture? How it is derived from the interpretation clause of the Transfer of Property Act, 1882? And its applicability in India.

Providing some case laws will be helpful too.

 3 Replies

P. Venu (Advocate)     26 June 2021

You have not posted the material facts.

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

In India, it is defined as a permanent attachment or fixed real property. This doctrine is invoked to fulfil the legal requirement to deal with the matter relating to determining the chattel and fixture

The doctrine of fixture is evolved to define or view a thing which is chattel once but has later become a part of the land.

In English Law, chattels are also considered immovable property. Whatever is planted in the soil is belongs to the soil. Subsequently, when the chattel is fixed to the soil it becomes fixtures.

If the chattel is affixed in the land without any other means it is not immovable property.

If there is an intention to make the chattel fixed in the land or soil or part of the land then it is an immovable property.

Circumstances To Invoke The Distinction Between Chattels And Fixtures:  When there is a dispute between a vendor and a purchaser.  When the chattel becomes the part of the land and as a part of the mortgage.  When there is a dispute between the beneficiary under a will of personal property and beneficiary of real property on the other hand.

Since you have not discussed the problem, you may have to look for the relevant citation based on your issue in this regard. 

Kevin Moses Paul   01 July 2021

A fixture as in legal concept, refers to any sort of physical property which is permanently attached or fixed to a real property (usually a land or plot). Whereas, a property that is not affixed to real property is known as "Chattel Property".

Fixtures are considered as a part of the real property, especially in case of a Security Interest.

The doctrine of fixture is founded on the doctrine Quiquid planatur Solo cedit which means that anything which is attached to the land gradually becomes the part of the land.

Thus, in general, Chattels when lose their temporary character and become permanent are known as "Fixtures".

Hope the concept is clear now.

Kevin M. Paul

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