Section 3, Transfer of property act

Section 3 - Interpretation clause

Immovable property -

According the section in the General Clauses Act, 1897, that defines immovable property is Section 3 (26). It states that immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. This definition is different from the one given in the Transfer of Property Act, 1882, which does not define immovable property, but only excludes standing timber, growing crops, and grass from its scope.

Immovable property is a legal term that refers to any property that is attached to the earth or cannot be moved without destroying or altering its nature. The Transfer of Property Act, 1882, does not provide a comprehensive definition of immovable property, but only excludes standing timber, growing crops, and grass from its scope. The General Clauses Act, 1897, defines immovable property as including land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. Thus, the two acts have different approaches to defining immovable property: one by exclusion and the other by inclusion.

Some examples of immovable property are:

- Land: It means a determinate portion of the earth's surface, which may be covered by water, the column of the surface above the surface, the ground beneath the surface, and all objects on or under the surface in its natural state or placed by human agency with the intention of permanent annexation.

- Benefits to arise out of land: It means any right or interest in land that is not physical, such as rent, profits, easements, fisheries, ferries, etc. For instance, the right to catch fish from a lake over a number of years was held to be a benefit to arise out of land and hence immovable property.

- Things attached to the earth: It means any object that is either rooted in the earth, embedded in the earth, or attached to what is so embedded, and is not intended to be severed or removed. For example, trees and shrubs (except standing timber), buildings, walls, fences, wells, etc. are things attached to the earth and are immovable property.

The distinction between movable and immovable property is important for various legal purposes, such as registration, transfer, taxation, mortgage, etc. The test to determine whether a property is movable or immovable depends on the facts and circumstances of each case, and the intention of the parties involved. The degree and object of annexation are two factors that are considered to ascertain the intention of the parties. The degree of annexation refers to how firmly the property is attached to the earth, and the object of annexation refers to the purpose for which the property is attached to the earth.

Instrument - Instrument is non-testamentary document.

A testamentary document is a legal document that creates, transfers, modifies, or extinguishes a right, title, or interest in an immovable property after the death of the owner. The most common example of a testamentary document is a will, which expresses the wishes of the testator regarding the distribution of his or her estate. A testamentary document must be validly executed and attested according to the law, and may be subject to probate or registration.

An instrument is a legal document that creates, transfers, modifies, or extinguishes a right, title, or interest in an immovable property. The Transfer of Property Act, 1882, regulates the transfer of immovable property by various instruments, such as sale, gift, will, partition, relinquishment, etc. Each instrument has its own requirements and effects on the property and the parties involved.

For example, a sale is an instrument by which the seller transfers the ownership of the property to the buyer for a price paid or promised or partly paid and partly promised. A sale must be made by a valid contract and registered under the Registration Act, 1908. A sale transfers the property absolutely and irrevocably to the buyer, subject to the terms and conditions of the contract.

Another example is a gift, which is an instrument by which the donor transfers the ownership of the property voluntarily and without any consideration to the donee. A gift must be made by a registered document and accepted by or on behalf of the donee during the lifetime of the donor. A gift transfers the property immediately and completely to the donee, unless there is a condition attached to the gift that postpones or restricts the transfer.