The literal meaning of the term immovable is incapable of being moved, motionless, steadfast, or firmly…
A mortgage of a fruit-bearing tree so that the mortgagee may enjoy its produce over time treats the tree as tied to continuing beneficial enjoyment of the land, making it…
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The literal meaning of the term immovable is incapable of being moved, motionless, steadfast, or firmly fixed. s.3 of the Transfer of Property Act, 1882, makes it clear that immovable property does not include standing timber, growing crops or grass. s. 3 (26) of the General Clauses Act, 1897 explains that immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. Under s. 2(6) of the Registration Act, 1908, Immovable property includes land, buildings, hereditary allowances, right to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops, or grass. Standing timber must be a timber tree that is in a state fit for construction or building purposes or ready to be used as timber, and further, a tree that is meant to be converted into timber so shortly that it can already be looked upon as timber for all practical purposes even though it is still rooted in earth. In order to be regarded as movable property, it is intended to be cut reasonably early. The expression 'things attached to earth' has again been explained in s.3 of the Transfer of Property Act, 1882 as things which are rooted in earth, such as trees and shrubs, things that are embedded in earth such as walls and buildings and things that are permanently attached to what is embedded in the earth for the permanent beneficial enjoyment of that to which it is attached. Identify the incorrect statement:
Answer and explanation
Correct answer B
A mortgage of a fruit-bearing tree so that the mortgagee may enjoy its produce over time treats the tree as tied to continuing beneficial enjoyment of the land, making it immovable property, so the incorrect statement is "A mortgage with the possession of a fruit-bearing tree with the intention that the mortgagee is to enjoy the fruit of the tree would be a mortgage of movable property."
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