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Which of these is NOT immovable property under section 3 of the Transfer of Property Act, 1882, read with section 3(26) of the General Clauses Act, 1897?

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Which of these is NOT immovable property under section 3 of the Transfer of Property Act, 1882, read with section 3(26) of the General Clauses Act, 1897?

  1. A proprietary right to operate a ferry and collect tolls

  2. A simple money decree enforceable by court-ordered sale of the husband’s land

  3. A widow’s life interest in the rents of her husband’s land

  4. A proprietary right to annual dues issuing out of village land

Answer and explanation

Correct answer: B - A simple money decree enforceable by court-ordered sale of the husband’s land

Section 3(26) of the General Clauses Act, 1897, which applies because section 3 of the Transfer of Property Act, 1882 gives only a partial definition, includes in immovable property “benefits to arise out of land”. A proprietary ferry right, a life interest in the rents of land and annual dues issuing out of land are all benefits arising out of land, so they are immovable property. A simple money decree is only a right to recover a sum of money; the possibility of enforcing it by selling land does not turn it into a benefit arising out of land, so it is movable property.

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