The literal meaning of the term immovable is incapable of being moved, motionless, steadfast, or firmly…
Things permanently attached to what is embedded in earth for the permanent beneficial enjoyment of that thing are immovable under Section 3 of the Transfer of Property Act,…
Choose your answer
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 to which it is attached. Which of the following can be categorized as immovable property?
Answer and explanation
Correct answer C
Things permanently attached to what is embedded in earth for the permanent beneficial enjoyment of that thing are immovable under Section 3 of the Transfer of Property Act, 1882, and both fixtures satisfy this test, so the answer is "Both fans permanently attached to the wall/ceilings of a room for the better enjoyment of the room and a pulley attached to a well for the enjoyment of the well".
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