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Differences between Movable and Immovable Properties

What are the Differences between Movable and Immovable Properties?

What are the Differences between Movable and Immovable Properties?

There are the following differences between movable and immovable properties –

Movable Property

1. The movable property can easily be transported from one place to another, without changing its shape, capacity, quantity or quality.

2. Examples: vehicles, books, utensils, timber, etc.

3. Mango trees, if cut and sold for timber purpose, are deemed as movable property.

4. Contract for cutting the bamboos and collection of beedi leaves for orve sjear comes under movable property.

5. The movable property need not be registered under the Indian Registration Act, 1908. It is purely optional.

6. The movable property is liable to sales tax, and Central sales tax, subject to certain restrictions and conditions under the Andhra Pradesh General Sales Tax Act, 1957 (or the State concerned) and the Central Sales Tax Act, 1956.

7. Mere delivery with intention to transfer the movable property completes the transfer.

8. Movable property does not form an accretion to an ancestral impartibly estate. (Case-law: Thakur Hari Singh vs. Commissioner of Income-tax (AIR 1968 Raj. 5)

Immovable Property

1. The immovable property cannot easily be transported from one place to another. If transported, It will lose its original shape, capacity, quantity or quality.

2. Examples: Land, houses, trees attached to the ground; so long they are so attached.

3. Mango trees, if sold for nourishment and for fruits, they are deemed as immovable property.

4. Gutting the bamboos for a number of years under a contract comes under Immovable property.

5. Whenever the immovable property is transferred, it must compulsorily be registered under the Indian Registration Act, 1908, subject to its value if exceeds Rs. 100.

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 fee 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,

8. Immovable property only forms and accretion ‘ to an ancestral impartible estate. (Case-law: Mahendra Singji vs. Iswar Singji 1952 B. 243)


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