Meaning & concept of

Immovable Property

(TRANSFER OF PROPERTY ACT,

1882)

Submitted to- Submitted by-

Ms. Ritu Gautam Tejinder Singh
(Assistant Professor) LL.B 5th semester
Definition of Immovable Property

The TPA Act has not defined this term. It only says that,
immovable property does not includes standing timber,
growing crops or grass.
However section 3(25) of the general clause act, 1897 defines
the term immovable property as-
immovable property shall include land, benefit to arise out of
land, and things attached to land or permanently fastened to
anything attached to the Earth.
Babulal v Bhavani 1912
It was held in this case that the definition of immovable
property given in the general clause act is applicable to the
transfer of property Act.
Land include following elements-
Determinate portion of Earths surface.
Column of space above surface.
All objects either on or under the surface of land in their
natural state. Ex. Minerals
All objects placed by human with intention of permanent
annexation.
Benefits arrising out of land
All the benefits arising out of land are also considered as
immovable property because such benefits cannot be served
from the land and are incidents of it.
Right to collect-lac , leaves etc. from trees, revenue from
agricultural land, right to take out minerals, to collect fish
ponds, debt secured by mortgage of immovable property,
rent from tenanted property all are benefits arising out of
land.
Case laws under benefits arising out of
land
Anand Behera v. state of Orissa, (1955)
Right to profits a prendre are benefits arising out of land and are
immovable property. For example, a right to enter upon land
and to carry away fish from pond is a right to profits a prendre
and is, therefore, immovable property.
ShantaBai v. State of Bombay, (1959)
Right to enter on the lands in order to cut down trees and carry
away wood.
Things attached to the earth
Section 3 of TPA Act says that attached to the earth means-
a) Rooted in the earth, as in case of trees and shurbs.
b) Imbedded in the earth, as in case of wall or buildings
c) Attached to earth for permanent beneficial enjoyment.
V.P.Fakrudheen Haji vs State Bank Of
India, 2008
In view of the definition of the term "attached to earth" in
S.3 read with S.8 of the Transfer of Property Act, even if the
title deed or the schedule of property attached thereto does
not mention that the house in the property which is the
subject of transfer is also transferred, the transferee would
get title to the house situated in the property, unless the
house is specifically excluded from the transfer."
Things included in immovable property
a) A right to ferry.
b) A right to way.
c) Right to collect rent of an immovable property.
d) A right to catch and carry away fish.
e) Hereditary offices i.e., office of a hereditary priest of a temple.
f) Right to collect dues from holding a fair on a piece of land.
g) Right to collect lac from trees.
h) Right of redemption of mortgaged property.
i) Reversion in property leased.
j) A factory
k) The interest of a mortgagee in immovable property.