Immoveable Property Flashcards
(17 cards)
What does immovable property not include according to Section 3?
Standing timber, growing crops, or grass
This is explicitly stated in the Transfer of Property Act.
According to Section 3(26) of the General Clauses Act, 1897, immovable property includes which of the following?
- Land
- Benefits arising out of the land
- Things attached to the earth or permanently fastened to anything attached to the earth
What does Section 2(6) of the Indian Registration Act, 1908 state about immovable property?
It includes land, building, hereditary allowance, rights to ways, lights, ferries, fisheries, or any benefits arising out of land and things attached to the earth, excluding standing timber, growing crops or grass.
List the three main points defining immovable property.
- Land
- Benefits arising out of land
- Things attached to the earth
What are examples of things attached to the earth?
- Things embedded in the earth
- Things attached to what is embedded in the earth
- Things rooted in the earth (excluding standing timber, growing crops, or grass)
What is the definition of ‘land’ in the context of immovable property?
Objects that may be naturally occurring or placed by human agency with the intention of permanent annexation to the earth.
What are some examples of benefits arising from land?
- Right of way
- Right to use land under lease
- Right to fishery
- Right to ferry
- Right to extract minerals
What is the test to determine whether things attached to the earth are movable or immovable?
- Degree/mode of annexation
- Object/purpose of annexation
True or False: Standing timber is considered immovable property.
False
Standing timber is explicitly excluded from the definition of immovable property.
What is the significance of ‘attested’ in legal documents?
It means a person has signed the document to testify that they saw it executed.
What are the essentials of valid attestation?
- At least two attesting witnesses
- Witnesses must see the executant sign
- Witnesses must sign in the presence of the executant
- Witnesses must be competent to contract
Fill in the blank: An instrument in the context of the Transfer of Property Act refers to a _______.
non-testamentary instrument
What does the term ‘instrument’ mean in the Transfer of Property Act?
Any legal document by which a transferor conveys the title of his property to the transferee.
What is the purpose of attestation?
To ensure the authenticity of execution and confirm the executant’s free consent.
In which case was it observed that an instrument signifies the transfer of property?
Ganga Prasad v. Munna Lal AIR 2018 (NOC) All 619
True or False: A minor can act as an attesting witness.
False
Attesting witnesses must be competent to contract.
What does the term ‘plant and machinery’ exclude according to the CGST Act?
Telecommunication towers
