M.P Civil Jugde Pre Exam 1998
  1. Which is not the immoveable property?
Verified Answer

Core Legal Answer & Context: Under Indian law, the definition of 'immoveable property' is crucial. While the Transfer of Property Act, 1882, does not provide an exhaustive definition, it explicitly excludes 'standing timber, growing crops or grass.' A lease of land, being an interest in immovable property, is considered immovable. A right of way is an easement, which is an interest in immovable property. A life interest in the income of immovable property is also an interest derived from immovable property. Growing crops, however, are considered movable property because they are intended to be severed from the land and are not permanently attached for beneficial enjoyment of the land itself.

Relevant Statutes and Sections: Transfer of Property Act, 1882, Section 3 (Interpretation clause); General Clauses Act, 1897, Section 3(26) (Definition of 'immovable property').

Important Landmark Cases: Shanta Bai v. State of Bombay (AIR 1958 SC 532) clarified the distinction, holding that if the intention is to sever trees/crops from the land, they are movable property.

Clear Conclusion: Growing crops is not the immoveable property.