Tuesday, March 5, 2013

Defining Immovable Property under Registration Act(1908) in context of Bangladesh

Immovable property is defined in at least three Bangladeshi enactments namely, The General Clauses Act, Transfer of Property Act and the Registration Act.

Under Section-3 of Transfer of Property Act, it simply says that,
"immovable property does not include standing timber, growing crops or grass"

Under General Clauses Act its been mentioned,
"immovable property shall include land, benefits arise out of land and
things attached to the earth
"

The definition of "Immovable Property" given in Registration Act is
actually the combination of these two definitions along with some
other conditions. Under Section-2(6) of the said Act it says that,

"immovable property includes land, building, benefits to arise out of
land and things attached to the earth or permanently fastened to the
earth, hereditary allowances, right to ways, lights, ferries and
fisheries but doesnt includes the followings
:

a. Standing timber, growing crops, or grass whether immediate
severance thereof it intended or not
.

b. Fruit upon and juice in trees whether in existence or grow in future.

c. Machinery embedded in or attached to the earth, when dealt with
apart from the land
."

In the case of "Fatmabibi Vs Arrfana Begum" (AIR 1969 All 394), it was
stated that,

"the word 'standing timber' includes the Babul tree, shisham, Nimb,
Pipal, Banyan, Teak, Bamboo etc. They do not include the fruit bearing
trees like Mahua, Mango, Jack fruit, Jamun etc
"

In another case court gave a definition of immovable properties in its
judgment which seems quite specific. Court stated that,
"any thing which cant change its position without loosing its general
characteristics is considered as immovable property
" [6 Mad. HCR
71(DB)]

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