Immovable property immovable property is not clearly defined there in the TPR but it says that property

does not include standing timber and growing crops in grass so this definition is extended to the general
clauses act of 1897 this act also applies on TPA so this will be very very important for the growing
definition of immovable property this definition includes land benefit to arise out of land and things
attached to the earth

Land

Land includes everything on The land everything inside the land and everything above the land that
means surface below the land surface of the land and the surface of the land all is included in
immovable property for example soil mud all are remove property because they are deposited on the
earth water as it’s always flows on the surface of the earth and And subsoil mirror gold mines and all
and water flowing below the land all are included more property because this is also part of surface of
the land not only that the surface above the land the whole space is grown from the surface of the land
only so everything above the land is also immovable

Benefits to arise out of land

The land is immovable and any other right to person gains from that land will also be movable the right
by exercise of which a person gets certain certain benefits is called beneficial right or interest beneficial
interest in a property is called intangible property. Any right that is excise by a person on immovable and
it is an intangible immovable property such as right of a tenant living in an immovable property that
right is immovable write to catch fish on a pond the river which is immovable gives the right to fish right
to fish is also an immovable property the right of fish include fish also right to free is also an immovable
property everything on surface of land below the surface or land above the surface or land is immovable
property and this right extend to all of it.

Things attached to ththe earth

This is mentioned in Section 3 of transfer of property act

Rooted in India earth - All the crops grass is that grow on earth rooted deep in the earth ,roots help
them to keep themselves fixed in the earth until cut down permanently from where they are grown all
these are remover properties. Exception to this standing timber growing crops and grass.

Standing timber – All the woods of a tree that are used for building something like house doors
windows are classified aask timber these are not classified as immovable properties because they are
often used cut down for various other purposes for the building of doors and windows and houses etc.
Example woods of sheesham nim babul teak trees I used for various purposes.

Food bearing trees are non standing timber they are classified as a movement properties .

Shanti bai v. state of Bombay -Supreme Court held that if owner of tree is interested in future
vegetable growth of tree it is tree immovable but if intended to use as a timber tree standing timber
then it’s a movable tree

Growing crops and grass – Crops are just a bunch of plants embedded in the earth these are basically
used for eating and they are for sure cut in the near future because they right they have no other use
except they produce which are used for eating such as wheat barely potato etc same as crops are
glasses they have no other utility but true but a food for the cattle for this reason they are bound to be
cut for the grazing of the animals.

embedded in the earth- Things which are fixed firmly in the earth become part of the land are cold
embedded in the earth such as buildings was electric poles all are removable. Machines attached to the
earth with bolt nuts are not of the intention for the beneficial of the land so they are not embedded in
the earth they are of commercial purpose only.

Attached to the things embedded on the earth for the permanent beneficial enjoyment of it-

When are things attached to what is permanently embedded in the earth for the beneficial interest of
that what is embedded in the earth are also a moveable property such as those window shutters of the
house. There are 2 conditions that needs to be fulfilled in order to verify them as immovable

A attached permanently things must be attached permanently

B attached for the beneficial enjoyment of house building

Movable property

All that is not immovable is movable it is not defined in TPA but this is defined in general clauses act
1997 as property of every description except immovable property according to registration act 1908
Mumbai property includes growing crops grasses standing timber fruits or trees etc.

Transfer of any property has to be guarded by TPA and transfer which is against the procedure
established in this act is void for valid transfer first of all the nature of the property needs to be
identified in order to follow the procedure prescribed in stop

Instrument

Property transfer to any written document that document is instrument. Section 3 of TPA defined
instrument as non testamentary instrument which means instrument which does not include will. Fill is
after that but TPA deals with transfer between livings.

Attested

It is necessary under law that 2 person may of that executant and nobody else has signed the deed of
transfer this app of giving evidence of becoming witnesses called attestation. It ensures the
authenticity of its execution. It also checks the free consent and no force fraud or undue influence is
practiced