Definition of immovable property: The term “property” signifies the subject matter over which the right of ownership or any lesser right carved out of ownership (e.g., mortgage right) is exercised. The Transfer of Property Act, 1882 deals with various specific transfers relating to immovable property. It also lays down general principles relating to transfer of property, which apply equally to movable and immovable property. Movable property Formerly Vice-Chairman, Andhra Pradesh Official Language (Legislative) Commission; Formerly Dean, Faculty of Law, Osmania University, Hyderabad. ** Asst. Research Professor, Indian Law Institute, New Delhi. 1. Raichand v. Dattatrya AIR 1964 Bom. 344. PROPERTY LAW 595 may be regarded as comprising of all property other than immovable property. What then is immovable property? It is a surprising fact that the Transfer of Property Act does not contain a comprehensive definition of immovable property. Section 3, Para 2 merely says: “Immovable property does not include standing timber, growing crops or grass”. This is a negative definition and is not satisfactory. We can find a workable definition of immovable property in the General Clauses Act, 1897, which reads as follows; “Immovable property include land, benefits to arise out of land and things attached to the earth”.

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