Comprehension

The questions are to be answered on the basis of what is stated or implied in the passage. Choose the most appropriate response that accurately and completely answer the question.
The literal meaning of the term immovable is incapable of being moved, motionless, steadfast, or firmly fixed. s.3 of the Transfer of Property Act, 1882, makes it clear that immovable property does not include standing timber, growing crops or grass. s. 3 (26) of the General Clauses Act, 1897 explains that immovable property shall include land, benefits to arise out of land, and things attached to the earth, as permanently fastened to anything attached to the earth. Under s. 2(6) of the Registration Act, 1908, Immovable property includes land, buildings, hereditary allowances, right to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops, or grass. Standing timber must be a timber tree that is in a state fit for construction or building purposes or ready to be used as timber, and further, a tree that is meant to be converted into timber so shortly that it can already be looked upon as timber for all practical purposes even though it is still rooted in earth. In order to be regarded as movable property, it is intended to be cut reasonably early. The expression ‘things attached to earth’ has again been explained in s.3 of the Transfer of Property Act, 1882 as things which are rooted in earth, such as trees and shrubs, things that are embedded in earth such as walls and buildings and things that are permanently attached to what is embedded in the earth for the permanent beneficial enjoyment of to which it is attached.

Question: 1

Identify the incorrect statement:

Updated On: Aug 4, 2024
  • An agreement to sell standing and fallen mango trees on the estate is an agreement to sell immovable property.
  • A mortgage with the possession of a fruit-bearing tree with the intention that the mortgage is to enjoy the fruit of the tree would be a mortgage of movable property.
  • A right created in favour of a party to cut the trees for four years is a right in immovable property.
  • Grant of right to enter the estate and cut only timber trees that are in various stages of growth is a right in immovable property
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The Correct Option is B

Solution and Explanation

The correct option is (B): A mortgage with the possession of a fruit-bearing tree with the intention that the mortgage is to enjoy the fruit of the tree would be a mortgage of movable property.
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Question: 2

Which of the following is a right in movable property ?

Updated On: Aug 4, 2024
  • Right to enter the estate and cut only standing timber for a period of 6 months
  • Right to enter the estate and cut trees that are used for building purposes, which are earmarked after ascertaining the required growth silviculturally and to be cut within a short period of time
  • Both a) and b)
  • None
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The Correct Option is C

Solution and Explanation

The correct option is (C): Both a) and b).
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Question: 3

Which of the following is a right in immovable property ?

Updated On: Aug 4, 2024
  • Right to collect charge from the stall holders on a vacant piece of land used for holding a fair during festive season.
  • Right to take out by digging manure and rubbish accumulated in specific trenches and drains and carry away the same.
  • Right to enter the lake and catch fish for a period of five years.
  • All the above.
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The Correct Option is D

Solution and Explanation

The correct option is (D): All the above..
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Question: 4

Identify the correct statement/s:

Updated On: Aug 4, 2024
  • Right to enter the estate and cut standing timber for a period of twenty years is a right in movable property.
  • Right to enter the estate and cut only timber trees, which are fully grown mature trees for a period of twenty years, is a right in movable property.
  • Right to enter the estate and cut all kinds of plants and trees above the height of 10 feet for a period of five years is right in immovable property.
  • Both a) and b)
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The Correct Option is C

Solution and Explanation

The correct option is (C):Right to enter the estate and cut all kinds of plants and trees above the height of 10 feet for a period of five years is right in immovable property.
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Question: 5

Which of the following can be categorized as immovable property?

Updated On: Aug 4, 2024
  • Fans permanently attached to the wall/ceilings of room for the better enjoyment of the room
  • Pulley attached to the well for the enjoyment of the well
  • Both a) and b)
  • None
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The Correct Option is C

Solution and Explanation

The correct option is (C): Both a) and b).
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