Immovable Property - Law Dictionary Search Results
Home Dictionary Name: immovable propertyImmovable property
Immovable property, things rooted in the earth as in the case of trees and shrubs, are immovable pro-perty both within the General Clauses Act and the Transfer of Property Act, but in the latter, 'standing timber', 'growing crop' and 'grass' though rooted in earth are not included, Mahadeo v. State of Bombay AIR 1959 SC 735 (740): (1959) Supp 2 SCR 339. [General Clauses Act, 1897 (10 of 1897), s. 3(26)]Includes land, buildings, hereditary allowances, rights 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 nor grass. [Registration Act, 1908 (16 of 1908), s. 2 (6)]Trees are regarded as part of land because they are attached and rooted in the earth, Suresh Chand v. Kundan, (2001) 10 SCC 221 (224).Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastene...
Urban immovable property
Urban immovable property, the expression 'urban' immovable property' may mean 'land and buildings', or 'buildings' or 'land'. It would take in lands of every description, i.e., agricultural land, urban land or any other kind and it necessarily includes vacant land, Union of India v. Valluri Basavaiah Choudhary, AIR 1979 SC 1415 (1425): (1979) 3 SCR 324....
immovable property
immovable property see property ...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
immovable
immovable : incapable of being moved see also immovable property at property n : an item of immovable property (as land, standing timber, or a building) [a manufactured home placed upon a lot or tract of land shall be an "Louisiana Revised Statutes"] ;also : an interest or right (as a servitude) in an item of immovable property [a predial servitude is an incorporeal "Louisiana Civil Code"] often used in pl. compare movable ...
property
property pl: -ties [Anglo-French propreté proprieté, from Latin proprietat- proprietas, from proprius own, particular] 1 : something (as an interest, money, or land) that is owned or possessed see also asset, estate, interest, possession abandoned property : property to which the owner has relinquished all rights NOTE: When property is abandoned, the owner gives up the reasonable expectation of privacy concerning it. The finder of abandoned property is entitled to keep it, and a police officer may take possession of abandoned property as evidence without violating the Fourth Amendment to the U.S. Constitution. after-acquired property 1 : property (as proceeds) that a debtor acquires after the commencement of a bankruptcy case and that is usually considered part of the bankruptcy estate 2 : property acquired after the perfection of a lien or security interest ;esp : such property acquired after the creation of a lien or security interest that is subject to the lien or...
Movable property
Movable property, includes growing crops. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (13)]It includes standing timber, growing corps and grass, fruit upon and juice in trees, and property of every other description, except immovable property. [Registration Act, 1908 (16 of 1908), s. 2 (9)]The words 'movable property' are intended to include corporal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth. [Penal Code, 1860 s. 22]Movable property shall mean property of every description, except immovable property. [General Clauses Act, 1897 (10 of 1897), s. 3(36)]...
Gurdwara property
Gurdwara property, means,-(i) all movable and immovable property, which, immediately before the appointed day, vested or was kept in deposit in the name of the Board; (ii) all property which stands in the name of the Gurdwaras or in the name of the Board or the present or old managers of the historic Gurdwaras; (iii) all offerings in cash or kind made in various Gurdwaras or institution, managed or controlled by the Committee; (iv) all property in cash or kind, movables as well as immovable that may be acquired by purchase, exchange or otherwise by the Gurdwaras, or the Committee, from time to time; (v) all grants, donations or contributions made, from time to time, by any person or authority to the Gurdwaras or the Committee, and includes any actionable claim with respect to such Gurdwara property. [Delhi Sikh Gurdwaras Act, 1971 (82 of 1971), s. 2(g)]...
Gift, 'transfer of property
Gift, 'transfer of property', the definition of 'gift' makes it clear that there has to be a transfer by one person to another of movable or immovable property; such transfer has to be voluntary and without consideration in money or money's worth. What is, therefore, absolutely essential for the purposes of a gift is a transfer of property. 'Transfer of property' is defined for the purposes of the Gift-tax Act as any disposition or conveyance, or assignment or settlement or delivery or payment or other alienation of property, C.G.T. v. T.M. Louiz, (2000) 7 SCC 486: AIR 2000 SC 3136 (3138). [Gift-tax Act, 1958, ss. 2(xii) & (xxiv), 3 and 4]...
Fair market value
Fair market value.--(i) in relation to any immovable property transferred by way of sale or exchange, being immovable property of the nature referred to in sub-clause (i) of clause (e), means the price that the immovable property would ordinarily fetch on sale in the open market on the date of execution of the instrument of transfer of such property;(ii) in relation to any immovable property transferred by way of lease, being immovable property of the nature referred to in sub-clause (i) of clause (e), means the premium that such transfer would ordinarily fetch in the open market on the date of execution of the instrument of transfer of such property, if the consideration for such transfer had been by way of premium only;(iii) in relation to any immovable property transferred, being immovable property of the nature referred to in sub-clause (ii) of clause (e), means the consideration in the form of money that such transfer would ordinarily fetch in the open market on the date of the tr...
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