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Home / Legal / Documentation / What is immovable property under Transfer of Property Act?
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What is immovable property under Transfer of Property Act?

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0 2021-12-30T17:37:15+00:00
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You would be surprised to know that the Transfer of Property Act doesn’t provide the definition of “immovable property” in detail. Paragraph 2 of Section 3 states that the immovable Property doesn’t include grass, growing crops, or standing timber.

I know this is not a satisfactory definition. According to several references and common understanding, immovable property is any asset that can’t be relocated or shifted.

Some Examples of Immovable Property:

  • Plants attached to the ground, land, houses

  • Machinery, receptacles meant for commercial work

  • Factory Buildings

  • Contract to cut bamboos for a certain period

  • Slag dumps, quarries, or mines

  • Fertilizer utilized on a garden or farmland

  • Any Government contracts related to public work, servitudes, or other legal rights over a property

Difference Between Immovable and Movable Property
Basis Immovable property Movable property

Examples

Real estate like a house, warehouse, manufacturing plant, land, factory, hereditary allowances, etc.

Computers, money, watches, Jewellery,  etc.

Inheritance

Is not divisible or breakable easily

Can be partitioned easily

When used as a security

Lien/Mortgage

Pledge

Registration

Should be registered under the Registration Act, 1908, if its value is more than Rs. 100/-.

Not Needed

Transfer

Can’t be transferred without a partition, gift deed, will, or and simultaneous registration of the property in the name of the beneficiary.

Can be transferred easily
Take help from legal experts to make sale agreement for your property

 

Read more:

What is gift deed of immovable property?

Is succession certificate required for immovable property?

What is Movable and Immovable Property?

I hope you like my answer on what is immovable property under Transfer of Property Act.

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Venkateshwar

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