Mature trees are fit to be cut for timber and are intended to be felled promptly. How does Section 3 of the Transfer of Property Act, 1882 treat them as standing timber?
Question and options
Mature trees are fit to be cut for timber and are intended to be felled promptly. How does Section 3 of the Transfer of Property Act, 1882 treat them as standing timber?
They are immovable until the moment of severance
They are immovable unless the sale contract says otherwise
They are excluded from immovable property
They are excluded only if valued at ₹100 or less
Answer and explanation
Section 3 excludes standing timber from immovable property. In Shantabai v. State of Bombay, the Supreme Court distinguished trees fit to be converted to timber and intended for prompt felling from trees retained to grow.
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