Understand the distinction between moveable and immovable properties.

There are two sorts of property that a person could own in this world: mobile property and immovable property. Even though the titles are self-explanatory, Indian law requires that the differences among these be described in a precise way. This study will show the legally recognised distinction between mobile and immovable property.

Property that can be moved

A person’s movable property is personal property that can be transported from one location to another. Several laws in India have established mobile property, sometimes referred as movable property (chal sampatti). 

Movable property, as defined by Section 3 (36) of the General Clause Act of 1977, includes all types of property excluding immovable property. Movable property is defined as “corporeal property of every sort, excluding land and items fixed to the earth or firmly attached to anything related to the earth,” according to Section 22 of the Indian Penal Code.

Furthermore, the Registration Act of 1908 defines movable property as “standing wood, growing crops and grasses, fruits and trees, and property of another sort, excluding immovable properties.”

Property that cannot be moved.

An immovable property is one that cannot be transported through one location to another due to its everlasting attachment to the Earth’s surface. As a result, immovable property refers to all landed properties, whether commercial, residential, or industrial. Isn’t it true that you can’t relocate your house property from one location to another?

Immovable property is defined by the General Clause Act of 1897 as land and goods firmly attached to everything connected to the Earth.

The advantages of the land are the earnings you create from it (like rents or water bodies on the land enable you to fish and are benefits of that immovable property). This reward will be considered a movable asset.

Objects were anchored to the ground.

Like previously stated, not all objects tied to the earth are immovable properties. But, what exactly are those items? Trees produced for commercial reasons like wood and lumber, for instance, are mobile goods.

This is described in Chapter 3 of the Transfer of Property Act. According to the Act, a property qualifies as an immovable property if it meets the following criteria:

  • Like trees and plants, they are rooted in the ground.
  • Like walls or structures, the soil is imbedded in it.
  • Like a swimming pool in your building, it is attached to what is so deeply embedded in the earth for the long-term advantage of that with which it is connected.

The pool is ‘connected’ to the ‘integrated’ structure. If the ‘connected property’ (swimming pool) is relocated out of its present location, it will no preferred standpoint the ’embedded property’ (building).

Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.

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