[ecis2016.org] This guide will help you understand the legally acknowledged differences between movable and immovable properties.
Everything a person owns in this world can be categorised into two types – movable property and immovable property. Although the names are quite self-explanatory, the difference between them is explained in a specific way as per the Indian law. This article will help you understand the legally acknowledged difference between movable and immovable properties.
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Movable property
A personal property, which can be moved from one place to another is known as the person’s movable property. Many laws in India have defined the movable property, known as चल संपत्ति (chal sampatti).
Also read all about the laws related to property registration in India
According to Section 3 (36) of the General Clause Act, 1977, movable property is the property of every description, except immovable property. According to Section 22 of the Indian Penal Code, movable property is ‘intended to include corporeal property of every description, except for land and things attached to the earth or permanently fastened to anything that is attached to the Earth’.
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Further, explaining the movable property, the Registration Act, 1908, says that moveable property includes standing timber, growing crops and grasses, fruits, and trees, and property of every other description, except immovable properties.
Immovable property
An immovable property is something that cannot be moved from one place to another, as it is permanently fastened to the surface of the Earth. Hence, all landed properties – commercial, residential, or industrial – are known as immovable property. You cannot possibly move your house property from one place to another, right?
The General Clause Act 1897 defines immovable property as land and things attached to the Earth or permanently fastened to anything attached to the Earth.
The income you generate from the land is known as its benefits (like rents or water bodies on the land enable you to fish and are benefits of that immovable property). This benefit will be treated as the immovable property.
Read more about what is immovable property
Things fastened to earth
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Not all things attached to the earth are immovable properties as explained earlier. So, what are those things? For example, trees grown to be cut for commercial purposes as wood and timber, are movable properties.
Section 3 of Transfer of Property Act has explained this point. According to the Act, a property will qualify to be an immovable property if it is:
- Rooted to the earth, like trees and shrubs.
- Imbedded in the earth, like walls or buildings.
- Attached to what is so imbedded in the earth, for the permanent benefit of that to which it is attached, like a swimming pool in your building.
The swimming pool is ‘attached’ to the ‘embedded’ building. This ‘attached property’ (swimming pool) will cease to benefit the ‘embedded property’ (building) in case it is removed from its current position.
Immovable property meaning in Hindi
Immovable property is known as अचल संपत्ति (achal sampatti) in Hindi.
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