In the context of relevant provisions of the Transfer of Property Act, 1882, which of the following…
Statements I and III identify two statutory ways property is attached to the earth. Statement II is false because standing timber, growing crops and grass are excluded.…
Choose your answer
In the context of relevant provisions of the Transfer of Property Act, 1882, which of the following statement(s) is/are correct?
I. The term 'attached to the earth' means rooted in the earth, as in the case of trees and shrubs.
II. The term 'immovable property' includes standing timber, growing crops, or grass.
III. The term 'attached to the earth' means attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached.
IV. A person is said to have notice of a fact when (s)he actually knows that fact, or when, but for wilful abstention from an enquiry or search which (s)he ought to have made, or gross negligence, (s)he would have known it.
Choose the correct option:
Answer and explanation
Correct answer D
Statements I and III identify two statutory ways property is attached to the earth.
Statement II is false because standing timber, growing crops and grass are excluded.
Statement IV states the actual and constructive knowledge limbs of notice.
Option feedback
Option A
I is correct, but II reverses an exclusion and the set omits III and IV.
Option B
II is false because the listed items are excluded from immovable property.
Option C
III and IV are correct, but rooting in the earth also makes I correct.
Option D
I and III state forms of attachment to earth. IV states the knowledge test for notice.
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