DISTINGUISH BETWEEN MOVABLE AND IMMOVABLE PROPERTY.

 

DISTINGUISH BETWEEN MOVABLE AND IMMOVABLE PROPERTY.

 Movable property

1. The movable property can be easily transported from one place to have without changing its shape capacity quantity or quality  
2. Example vehicle books utensils Timber etc
3.  Mango trees if cut unsold for Timber purpose to be movable property
4.  contract for cutting the bamboos and collection of beedi leaves for one year comes under  movable property
5.  The movable property need not be registered under the Indian  Registration Act 1908 it is purely optional
6.  The  moveable properties liable to sales tax and Central sales tax subject to certain restrictions and conditions
7.  Mere delivery with intention to transfer the movement property  complete the transfer

 

 Immovable property

 

1. Cannot easily transported from one place to another if transported  it will lose its original shape capacity quantity or quality
2.  Examples-  lands plots houses flats Apartments agricultural lands trees attached to the ground 
3. Mango trees if sold for nourishment and for fruits they are deemed as immovable property
4. Cutting the bamboos for a number of us under a contract comes under immobile property
5.  Whenever the immovable properties transferred it must compulsory be registered under the Indian  Registration Act 1908 subject to its value if it  exceeds rupees hundred.
6.  the immovable property  is not liable to sales tax but stamp duty is to be paid under the Indian stamp act 1899 and registration fees is to be paid under the Indian registration act 1908
7.  Mere delivery does not sufficient for a valid transfer. The property must be registered in the name of the transferee.

 

 Marshall vs Green

 

 The real test for the judgement whether tree is movable property or immovable property is to be considered the purpose in which it is intended to be dealt with at the time of the transfer. If the intention was to cut the tree and removed within a reasonable time, then it will be treated as moveable property.

 

 If the intention is that it should grow and yield fruits or shade, it is immovable property, because it has true draw nourishment from the land.

 Martial versus green is the leading case in this regard

 

 Facts – in this, there Was a sale of trees to cut and take away immediately from the land. it dispute arose between the transferee and  transferor  for the payment of tax, and whether the same of trees covers the immovable property or movable property.

 

 Judgement – the House of Lords held that sale was relating to movable property only. Here the intention of parties was to cut the trees and to take them away. There was no intention of nourishment of the trees. Hence it would not cover the immovable property. Therefore it need not register under the registration act

DEFINE PROPERTY. AND DIFFERENT KINDS OF PROPERTY?

DEFINE PROPERTY. AND DIFFERENT KINDS OF PROPERTY? 

 

 

Definition - All legal rights -  the term property includes all legal rights of the owner of that property.  in law he is the owner having the position and enjoyment of  that property.

 

Kinds of property

 

 According to Solomon the well known jurisprudent property can be divided into two main kinds

1. Jura in re propria.

2. Jura in re  aliena.

 

1. Jura  in  re propria: This kind of property can be divided into two kinds

            a. material things : these things can be divided into two kinds

                        i. movable property :  such as  chattels, goods, vehicles, computers etc

                        ii. immovable property :  such as Land, houses, flats, plots etc

b. immaterial things :

All the intellectual property such as patents, trademarks, copyrights, designs etc come under this kind

 

2. Jura in re aliena :   such as leases, servitudes,Etc come under this kind.

 

 Another classification of property:  All the properties stated above can be classified as

 

 A).  Corporeal Property / Tangible Property —  such as Noble and removal properties, which are material objects, can be seen with eyes,  and can be  possessed  and enjoyed with  senses.  These are called as corporal property or tangible property.  corporal means having body.  And able means able to be touch, attend or real

 

B). Incorporeal Property /  in Property —- ,  such as all intellectual properties,  that is patents,, copy, designs Etc.    further-   leases,  easements,  serveritudes,  securities,  etc.  This are called as in corporeal  property or tangible property

 Incorporeal means  having nobody.  in tangible means not able to be touch, not attend, not real

 Another classification of property :  All properties  stated about can be classified as

a.             Private property

b.             public property 

a.             Private property  

i)          capitalistic theory -  the property is a state belongs to the individual, who can earn and acquire properties on their names. any person can acquire the property in the rights or such property depending upon is knowledge, experience, hard work and the time. such property maybe given to there heirs by means of testamentry and interstate succession.  in this theory, if you people grow rich and richar, and at the same time, majority of the people remain. the properties are enjoyed by the rich people only. in almost all democratic countries, the capitalistic theory has been followed.

ii)         Socialistic theory-   entire property in a state belongs to the state only people have no right over the individual properties. this year was proposed by   karl  marx, And was followed in the  erstwhile   soviet  Russia, China,  Vietnam,  Cuba and few other countries.

2.  Public property

 Public property means States property for public purpose. example- Railways bus stand  railway station Aero drams.  in India all forest  lands are owned by the state.

 

Privatization of public properties - in certain occasions the state is empowered to privatise the public properties after making certain amendments to the concerned at approved by the majority.