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kapil gupta   17 June 2022

Meaning of different kinds of benefit arising out land

What are the meaning of words hereditary allowance, right to ways, light, fisheries as mentioned in the definition of Immoveable property provided in 2(6) of The Registration Act, 1908?
 



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Sravika Reddy Kohir   18 June 2022

Hello Kapil Gupta, I acknowledge your question. Under the section 2(6) of The Registration Act, 1908 immovable property is defined as, “immovable property” includes land, buildings, 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.

Here the above-mentioned phrases Hereditary allowances, right to way, light, fisheries are included as benefits arising out of land.

Hereditary allowances are probably allowances which are payable out of the income of land and buildings and also allowances incidental to a hereditary office.

Right to way and light are where a particular land may either be public or private and trespassing on the same may happen to be an offence legally, right of light is easement right where in you have the right to receive the light necessary in general conditions.

Fisheries is where there can be access rights to fish in a certain water body or access to one factory and this would be restricted to only the immovable property’s owner.

All these are the benefits that arise out of the immovable property owned by a person and thus because the person owns such a land, he has title over the benefits too.

You can refer to the below judgements for further understanding

Bal Kishan vs Saliq Ram

Anand Behera v. State of Orissa

I hope I have answered your question.

Have a good day


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