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Quic Quid Plantatur (or Fixature) Solo, Solo Cedit - Definition - Law Dictionary Home Dictionary Definition quic-quid-plantatur-or-fixature-solo-solo-cedit

Definition :

Quic quid plantatur (or fixature) solo, solo cedit, the maxim, which is found in English law, viz., 'quicquid plantatur solo, solo, cedit', has at the most only a limited application in India. There is nothing in the laws or customs of this country and traces of the existence of an absolute Rule of Law that whatever is affixed or built on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself, Narayan Das Khettry v. Jatindra Nath Roy Chowdhry, AIR 1927 PC 135.

There is no custom of Hindu law by which the maxim quicquid plantatur (or aedificatur) solo, solo cedit, has no application at all in India. The English law would apply unless it is clear that by local customary or other law applicable in this country, it does not the Courts of India have excluded the application of the maxim altogether, though they have help and the legislature has said in effect that there are substantial exceptions to the application of the maxim, N.P.A. Chettiar Firm v. H.C. Sharma, AIR 1928 Rang 145.

This principle is based on the well known maxim 'quicquid plantatur solo solo cedit', i.e., whatever is planted on the soil becomes the part of the soil, Hari Kishan Dass Banker v. Union of India, AIR 1956 Punj 116 (118).

The maxim 'whatever is affixed to the soil becomes, incontemplation of law, a part of it and is subjected to the same rights of property as the soil itself', Mammunhi v. Kunhibi, AIR 1961 Ker 147 (148). (Transfer of Property Act, 1882, s. 3, 8, 51)

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