Introduction Property, though not explicitly defined in the Transfer of Property Act, 1882 (TPA), broadly denotes any interest or right with economic value. It is classified into Movable and Immovable Property.
Immovable Property Defined under the TPA, General Clauses Act, 1897, and Registration Act, 1908:
- Excludes standing timber, growing crops, and grass.
- Includes land, benefits from land (like rent or revenue), and things attached to the earth (e.g., buildings, trees).
Examples:
- Equity of redemption
- Right of ferry
- Factory buildings and attached machinery
Movable Property Not defined in the TPA but per the General Clauses Act, it includes all properties other than immovable ones.
Examples:
- Right to worship
- Royalty
- Standing timber, growing crops, grass
Key Case Laws:
- Ananda Behera v. State of Orissa (1955): Fishing rights considered benefits from land.
- Shanta Bai v. State of Bombay (1958): Rights to enter land and harvest produce classified as immovable property.
