In the context of relevant provisions of the Transfer of Property Act, 1882, which of the following…
The descriptions of attachment to the earth and actual or constructive notice are correct. Section 3, however, expressly excludes standing timber, growing crops and grass…
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.
Answer and explanation
Correct answer D
The descriptions of attachment to the earth and actual or constructive notice are correct. Section 3, however, expressly excludes standing timber, growing crops and grass from immovable property for this Act. The statement including those items therefore conflicts with the statutory definition.
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