 Good evening friends and when we have a speaker or a resource person like D.R. Venkatesudarshan who is a retired principal district and session judge from Bangalore. You are quite sure that the introduction to the basics from Transfer of Property Act cannot be explained better. The way he transmits and transfers his knowledge is one of the facets which when we did the last session with him shows volume because that session has picked up really well and we kept on receiving messages that we should ask Mr. Venkatesudarshan to share his knowledge so much so that when we shared the poster yesterday, yesterday also we received the messages that they were too happy that Mr. Venkatesudarshan has acceded to our request for sharing his knowledge and since the topic is vast we will be taking in two or three parts keeping in view the time etc. So today we can say it's a part one. So do stay connected with us on the WhatsApp group and other social medias to be in touch when we take the part two and part three and so we are indebted that you have accepted our request. Thank you and over to you. Thank you. Thank you very much. Thank you very much Mr. Vikas Chetret sir. The subject which is good morning to one and all, sorry good evening to one and all, good evening Mr. Vikas Chetret sir. The subject which is selected for today's discussion is Transfer of Property Act 1882 Introduction to Basics. At the outset I thank Beyond Law series in general and Mr. Vikas Chetret in particular for providing me this opportunity of sharing my few thoughts on the important subject of law. Thank you very much Mr. Vikas sir. Let me tell you in the beginning itself that I am not a good speaker nor I am an expert in the subject. I consider myself as a law student even today. My target audience is only young advocates, young judicial officers and all other youngsters who are interested in law. Since the subject is Introduction to Basics, it is a very important subject for each one of us to understand the basics of the Transfer of Property Act before going to consider other important chapters or provisions in the evidence act, sorry Transfer of Property Act. The Transfer of Property Act 1882 is an important branch of civil law. This is so important that it is within the experience of every one of us. Be an advocate or a judicial officer that in most of the cases that are being filed in courts handled by the advocates, they involve property and property issues. Therefore, in order to handle effectively such issues, it is necessary to move this important branch of law that is Transfer of Property Act from the basics. I say from the basics because in the subsequent chapters of the Transfer of Property Act, the words and phrases that are used will have to be understood in terms of the basics that is found in the preliminary chapters of the Transfer of Property Act. Therefore, I am of the considered view that an advocate practicing on civil side, particularly dealing with the property issues and a judicial officer who is presiding over the civil court must have a fair knowledge and good understanding of the provisions of the Transfer of Property Act. Not only that, the knowledge with regard to the provisions of the Transfer of Property Act is needed to every citizen of the country. In fact, in this context, I may draw your attention to the observation of the remarks made by the Law Commission of India in its 70th report as a death. Transfer of Property Act is not only for men of property who are governed by this Act. The provision of the Act are important for every citizen. Every individual may not, during his lifetime, an occasion to buy or sell or mortgage land or other removal properties, but this is important. Almost everyone who has a shelter on his head is either a landlord or a tenant. Therefore, it is necessary for every citizen to know about the basics of the Transfer of Property Act when such being the case, imagine how much importance is that for an advocate and for a judicial officer who handled with civil cases. Therefore, in my humble view, a fair and thorough knowledge of the Transfer of Property Act is very much essential to understand various other enactments also. I am using the word various other enactments because in my opinion, in my considered opinion, a lawyer who is practicing on a civil side and a judicial officer who is deciding over a civil court must be conversant with, at least he must have a fair knowledge and understanding of 10 to 11 enactments on civil law. They are, number one, the Transfer of Property Act, 1882, about which we are discussing today. Number two, Contract Act. In fact, Transfer of Property Act is an extension of the Contract Act only. Number three, Sale of Goods Act of 1930, Contract Act of 1872, Transfer of Property Act of 1882, Partnership Act of 1932, Companies Act of 1956, Evidence Act of 1872, Specifically Fact of 1963 as amended in 2019, Limitation Act 1963, Indian Succession Act 1925, Indian Registration Act 1908 and Indian Stamp Act 1899 and also the Stamp Act of that particular state wherever we are practicing or wherever we are working as judges. So a fair understanding and thorough knowledge of these 10 to 11 enactments is very much essential for an advocate practicing on civil side and for a judicial officer deciding over a civil court. A knowledge in one of these subjects without having a fair knowledge of the other subject may not serve the purpose in its entirety. Therefore, we have to keep in mind that we must have sufficient knowledge on all these, at least on all these branches of law. Apart from this, of course, the procedural laws are there. That is civil procedure court 1908 as amended up to date. You can do well with the procedural law only when you are aware of the substantive law properly. Only when we know that how to apply the substantive law to a given situation under the facts and circumstances of a particular case, then only the procedural law can be effectively adapted. Therefore, once again I repeat though it is at the cost of repetition that for a lawyer practicing on a civil side and for a judicial officer presiding over civil court, the knowledge of at least these civil laws, civil enactments is very much essential. Not only that, even for a person who is an advocate and wants to become a legal advisor or a law officer or work in corporate sectors, they too must have the knowledge of all these laws because day in and day out they will be asked to offer legal opinions on various issues or various legal propositions and they will be asked to draft legal documents that is instruments. So in order to draft the instrument properly, document properly, a fair knowledge of these civil laws is very much essential. With this brief introduction, let me now proceed to the subject that is allotted for the day. Transfer of Property Act of 1882, Introduction to Basics. What do you mean by property? Property is a term which includes anything and everything which carries some value over which a right of ownership may be exercised. Once again I repeat, property is a term which includes anything and everything which carries some value, so it should have some value over which right of ownership may be exercised. So there are two essential ingredients which should satisfy the meaning of the term property. One is it must have some value. Second one is a person should be capable of exercising the right of ownership on that particular property. So these two conditions are to be satisfied. Property in its comprehensive sense includes all legal rights of persons over the property except his personal right which constitutes his status and personal conditions. So personal status and personal conditions are not being dealt in the Transfer of Property Act except that the property will be dealt whether movable or immovable in this Transfer of Property Act subject to certain conditions about which we are going to discuss in future. The property has three basic rights which we call in the legal terminology as interest. Three basic legal rights. What are they? Number one, a right of ownership of having title to the property. So one must be a owner of the property. He should be able to exercise his right of ownership. Number two, an exclusive right to possess. So he should be capable of possessing that property to the exclusion of everybody to call himself as a person having an interest in the property. And thirdly, an exclusive right to alienate the property in any manner whatsoever. So he must have a right over the property to exercise. He must have a right to have an exclusive position and he must have an exclusive right to alienate the property in any manner whatsoever. Thus the right to transfer property is a right inherent in a person who possesses right of ownership and right of possession. These are the three basic rights which a person should possess. If at all he wants to claim that he has interest in the property. Now coming to the Transfer of Property Act of 1882. Before that, as I have already told you, property includes both immovable and movable. But there is a third kind of property also which is called as an intellectual property. Of course, the Transfer of Property Act does not deal with intellectual properties. Intellectual property referred to the property which is a creation of mind such as inventions, literary and artistic works, designs and images, designs and symbols, names and images used in commerce. So some of the intellectual property, some of the enactments which deals with the intellectual property are Payton's Act of 1970, Coppinate's Act of 1970, property, some of the enactments which deals with the intellectual property are Patents Act of 1970, Corporates Act of 1957, Trade Works Act of 1999, Trade Secrets and Geographical Indication 1999, Industrial Designs 2000. These are all some of the intellectual properties. Anyway, we are not dealing with these intellectual property and intellectual property rights under the topic of Transfer of Property Act of 1882. When we talk about the Transfer of Property Act of 1882, the preamble portion says, this act is basically define and amend the law relating to transfer of immovable property between two living persons, intervivos, the word used is intervivos. That is the two persons between whom the transfer of property takes place, both must be living. So it is only a transfer of property between two living persons, that is what is going to be dealt with in this particular Transfer of Property Act. To put it another way, the Transfer of Property Act does not apply to a transfer by operation of law. Example, transfer of an immovable property necessitated by the order of the court or transfer in case of insolvency or transfer in case of computer or sale are all examples of the transfers by operation of law. All these things are not covered under the Transfer of Property Act. So let us make one, let us make ourselves one thing clear, the Transfer of Property Act applies only to a transfer of a property between two living persons. Coming to the magnitude of the act, I have already told that this act is very important because this is an act which is needed for a practitioner and also a judicial officer day in and day out. This particular act contains eight chapters and there are about 137 sections. Out of them about 9 to 10 sections have been repeat and remaining sections are there on record. If you go by chapter wise, the first chapter from section 1 to 4 deals with preliminaries, very very important chapter according to me. Chapter 2 from section 5 to section 34 deals with transfer of property by act of parties. Election, section 35. Apportionment, section 36 and 37. Transfer of immovable property, section 38 to section 53A. Thereafter starts the real transfer. Up to this, the meaning, explanation, scope, object is explained. Chapter 3 deals with the sale of immovable properties. That is from section 54 to 56 and 57. Chapter 4 deals with mortgages of immovable property and charges. Section 58 to 104. Chapter 5 deals with the lease of immovable property from section 105 to 117. Chapter 6 deals with exchanges, of exchanges, 118 to 121. Chapter 7 deals with gifts. Section 122 to 129. Chapter 8 deals with transfer of auctionable clients from section 130 to 127. So there are 137 sections in this important branch of civil law spread over eight chapters. It is said generally that transfer of property act is applicable only for immovable property. It is not true. This is because from section 5 to section 37, the provisions are applicable for both movable as well as immovable properties. Section 5 to section 37 are applicable for both movable and immovable. And section 38 to 53A is applicable only for immovable properties. So up to section 5 to section 37, the principles mentioned therein are applicable both for movables as well as for immovable. How we will see further. I have said now that the transfer of property act deals with the transfer of property, particularly the immovable property between the persons, two persons, living persons that is intervivos. There are other laws also which deals with the transfer of property. What are those other laws? In respect of transfer of global property between the two living persons, we have sale of goods act 1930. We have sale of goods act of 1930, which deals with sale of movable properties between two living persons. The transfer of a property from a dead person to a living person is governed by the provisions of the Indian succession act of 1925. The property from a dead person to the living person is governed by the provisions of the Indian succession act of 1935. From a dead person to a living person interstate is governed by law of interstate succession. It is a personal law. Maybe Hindus, Muslims, Christians, whoever it is, it is governed by an interstate succession. From a dead person to a living person under a testamentary disposition, that is testamentary succession. So apart from the transfer of property act, there are other enactments also which deals with transfer of properties of different types under different circumstances. So these acts also will have these enactments concerning this type of transfers also should be kept in mind side by side with the fair knowledge of the transfer of property act. The objective of the transfer of property act 1982 which was enacted about 141 years ago and even today it holds the field as a valid law can be classified into six objectives. Number one, the preamble of the TPA act says it is to define and amend or clear and regulate the uniform law relating to the transfer of property by act of qualities. Once again I repeat the preamble portion of the transfer of property act is to define amend and regulate the uniform law relating to transfer of property by acts of qualities. Number two, the act provides a clear systematic and uniform law for the transfer of immovable property between living person. There is no ambiguity at all. There is no vagueness. The act is very clear, very precise as to how an immovable property should get transferred from one hand to another hand. Number three, it is an enacted law for transfers that take place in consequence of a contract. So there are instances where a very transfer of an immovable property will be preceded by a contract. For example, X agrees to sell a property to Y. Y agrees to buy it for a certain amount of consideration. Both are competent to enter into contract under the contract act. So both will enter into an agreement before the actual transfer in accordance with law takes place. So every transfer of an immovable property is normally preceded by a contract which could be either oral or in writing. Thus act is an extension of a contract law. So when we talk of the word contract, naturally they have to look into the provisions of the contract act to find out whether the contract, the so-called contract which has taken place between the two living persons is in accordance with law or not. Therefore, the knowledge of the contract act is also very much necessary for us to have side by side with the knowledge of the transfer of property. Then the fourth object is this act having application of transfer of property parties intervivos. I have been repeating this word many, I have repeated this word many a times. Intervivos means between the two living persons. Here the person has got an extended meaning. Person does not necessarily mean a natural person, a human being. A person includes a company, an association of persons. All these are body corporate. All these are also countless persons under the transfer of property act. And this is not an exhaustive act. And the scope of this act has been very well explained in one of the decisions in the Honorable Ikota Karnataka reported in 2019, part 3, KCCR, page 2551, Abhiyar Reddy versus Chinna Swami and another. I am reading one paragraph from the judgment. Quote, TPA Act preamble. The TPA Act 1882 was enacted with the object of defining and amending the law pertaining to the transfer of property by acts of parties, that is parties intervivos, and contains the law on the sale of immovable property, mortgage of immovable property, charges or leases of immovable property, exchanges in transfer and of actionable clients. The act governs every stage of the process, very important. The act governs every stage of the process through which the evo mentioned modes of transfer of property are carried out. I am reading this sentence once again because it is very important. The act governs every stage of the process through which the evo mentioned modes of transfer of property, that is a sale or a mortgage or a lease or a charge or a exchange or an actionable client, whatever it is, every stage of the process will be explained in this particular act. The relationship between the transferee and the transferor is also explained, including the creation of pre-relationship, how does the relationship is created, a legal relationship of a buyer and a seller, a marketer and a marketer, LSR and LSE, how does it be created, that is also explained in this act. Terms and conditions during the subsistence of the relationship, that is the respective duties, celebrities and responsibilities are also explained in this act. And the process of termination for future of the relationship and the legal consequences thereof, everything has been explained in this act which contains eight chapters of 137 sections. This is the importance of this act, which is made more clear and specific in this reported decision of the Hondamulai Court of Karnataka, reported in 2019 part 3 KCCR, page 2551. Once again, I am repeating this idea of what is name, a buyer in the evo says, Chenuswami and another. There are certain limitations also to the application of the Transfer of Property Act. What are those limitations? The operation of the Transfer of Property Act is excluded where there is a special law governing the transfer of property. And if that special law, when enacted by the parliament, they've got the rights to the parties in a specific manner, then the special law will prevail over the Transfer of Property Act and the Transfer of Property Act in such circumstances may not be considered. The best example of that is Secretarization and Reconstruction of Financial Assets and Enforcement of Security Act of 2002. Being a special law, it rules out the application of TP Act. This has been made clear in the judgment of the Hondamulai Supreme Court, reported in 2004, part 4 Supreme Court cases, page 311, Marliya Chemicals Limited versus Union of India. Similarly, Transfer of Property Act is not applicable in respect of government grants. In respect of government grants, I would like to draw your attention to section 4 of the Government Grants Act, 1895, section 2, sorry, section 2. It is specifically stated, Transfer of Property Act, 1892, 1882 not to apply to government grants. Nothing in the Transfer of Property Act, 1882 contained shall apply or by deemed ever to have applied to any grants or other transfers of land or by any interest there in the here to for made or here after made by or on behalf of the government, to or in favor of any person whom so ever, but ever a such grant and transfer shall be construed and take effect as if the act had not been crossed. So, the purpose of telling these two examples is only to bring to you a note and notice that there are certain exceptions for the application of the Transfer of Property Act. When there is a specific enactment which provides for what is provided in the Transfer of Property Act and it takes care of the rights and liabilities and duties of the parties concerned, then the general provisions of the Transfer of Property Act is not applicable and that is for example, I told you surface act and the second one is the Government Grants Act. Also, overrules the application of the Transfer of Property Act. As I have already told, the Transfer of Property Act is applicable only in respect of transfer intervivos that is between the two living persons. So, it does not apply to a Transfer which takes place by operation of law. They are all governed by personal laws. Hindus in case of Hindu laws, Hindus in Hindu law in case of Hindus, Muslim law in case of Muslims and Christian law, Indian succession in case of Christians, Indian succession in case of Parsis or the personal law which deals with the succession in case of death of a person. So, the Transfer of Property Act does not apply to such transfers. With this brief introduction with regard to the importance of the act, scope of the act and the object of the act, now let us proceed to know the interpretation that has been given to certain important words and phrases, terms used in the Transfer of Property Act. The word immovable property has been defined in the Transfer of Property Act. What is the definition of the word immovable property? Immovable property does not include standing timber, growing crops or grass. Kindly, cleanly observe the definition. The definition does not say what the immovable property is. On the other hand it says what is not the immovable property. The definition says immovable property does not include standing timber, growing crops and grass. Now, when such is this definition that is given, how to know the meaning of the immovable property? It is the normal rule or the law which each one of us knows that whenever the definition clause in the enactment is not clear and it does not give the complete meaning of a particular phrase or a term or a word. Naturally, we have to go to the provisions of the General Clauses Act and find the definition and find out whether the particular word has been defined or whether the particular phrase has been defined. If we go to General Clauses Act and see section 3 subsection 26, the immovable property has been defined as one which includes, please look at the definition. It is an inclusive definition. It is not an exclusive definition. So anything of the life nature can be included. It includes land, benefits to arise out of land, whatever it is important, land, benefits to arise out of the land and things attached to the earth are considered as immovable property. This definition clearly, this particular promotion clearly defines what an immovable property is. So if this definition is read with the definition of the immovable property found in the Chancellor's Property Act, we can say that immovable property means lands, benefit to arise out of the land and things attached to the earth, but does not include standing crops, sorry, growing crops, standing timber or grass. Again, the another important act to be seen is the Registration Act, 1908. According to the Registration Act, section 2 subsection 6, immovable property shall include land, benefit to arise out of the land, things attached to the earth, but does not include standing timber, growing crop or grass. So why I have read these three provisions. The purpose behind reading these three provisions is only to make it, make us understand clearly as to what do we exactly mean by an immovable property. Unless you know the meaning of an immovable property, how we will be in a better position to understand the rest of the provisions of the Act. Therefore, the understanding of this particular definition in a proper perspective is very much essential for a law student. Law student I mean not only a student studying in the college, a student who is everybody who is in the legal fraternity including me also. I told you in the beginning itself that I am still a law student. So for a law student, it is necessary for us to know the definition of an immovable property in its proper perspective in order to understand the remaining chapters of the Transfer of Property Act. So from the combined reading of the definition of the word found in section 3, subsection 26 of the General Clauses Act and section 2 and subsection 6 of the Registration Act and the definition found in the Transfer of Property Act, it can be said that the immovable property includes not only that, includes land, benefit to arise out of the land and things attach it to the earth, but does not include standing timber, growing crops or grass. This is how we have to understand the meaning of the word immovable property. So from the combined reading of these three definitions, what we can deduce is that an immovable property means, number one, the land. Number two, the benefit to arise out of the land. Kindly know the, they read the sentence, benefit it to arise out of the land. Third one, things attach it to the earth. Things attach it to the earth. So when we talk of things attach it to the earth, we have to take into consideration three aspects. One is that things embedded to the earth, that things embedded to the thing which is already embedded to the earth and the things rooted to the earth. We will explain what it is. Things embedded to the earth, things attach it to what is embedded to the earth and the things which are rooted to the earth. Now first let us see the meaning of the word land. Land means, we cannot go with the exact meaning, we have to go with the meaning and the law. Land means surface of the earth, surface of the earth and everything upon, everything below the surface of the earth. So if this is the plain surface of the earth, everything below the earth, below that particular surface, everything above that particular surface is a land and such thing which is about the earth must not be capable of being removed intermittently, frequently. That is called as a land and that is an immovable property. For example, a land is there, that is a surface of the land. On that there is some mud and soil. So mud and soil which is on the surface of the, this is on the outer surface of the earth is also an immovable property. Supposing you dig the land, go deep into the land, excavate minerals, that is also an immovable property. The open space above the surface of the earth, of course up to the sky, is also an immovable property because you cannot sell the only the surface of the land without the open space above it. That is the space above it. So therefore, anything which is above the surface, anything which is beneath the surface are all considered as land only. Further, there is a pit on the land. In that pit there is a collection of water. So that water which is collected in the pit is also an immovable property. A lake or a pond found on the surface of the earth where the water is collected is also a immovable property. Going for that, a water running in a channel on a land may give an impression because the water is running, it is an immovable property, it is a movable property. No, because the water is running on the surface of the earth, it is an immovable property. Right to catch fish in the pond or the lake is an immovable property because the pond is on the surface of the earth and the fish is in that pond. Right to ferry, that is by using boats or streamers. If the water is used as a means for navigating and transporting persons and materials from one end to another end, that right to ferry is also an immovable property. So the land has got such an extensive meaning under the transfer of property. The space above the land looks like, although it is placed on the land. Understand this definition. The space above the land looks like as though it is placed on the land. Can you send a piece of land without the space over it? It is impossible. So therefore that space is also important. That does not mean that you can construct a building up to the sky. That is why the municipal laws regulate. You can put up two-storey building, you can put up three-storey building and not more than that. There should be a good ventilation of air and light to everybody. That is all local laws. So the space above the earth is also a part and parcel of that particular surface of the earth. This is based on the principle that owner of the land is also the owner of the space. Both are inseparable. Land and the space cannot be separated. Both are inseparable. One alone cannot be transferred to another by retaining the ownership of the other one. You cannot transfer the land and retain the space over it. You cannot transfer the space and retain the right over the land. They are inseparable. Both are able to transfer it simultaneously. Therefore, air and light available in the space above the land to that extent is also an immobile property. It can be considered as an immobile property. So as I have already told you, anything which is beneath the surface of the earth, that is a subsoil, mineral, coal mines, gold mines, etc., are also immobile properties. Then, coming to the second aspect, benefitted to arise out of the land, benefitted to arise out of the land. What do you mean by this? Besides the land, a person gets from that land certain benefits. What are those benefits? One may get a benefit from a land under some right. Such rights are called as beneficial interests. They are the beneficial interests that person get. It may be tangible. Sorry, it is intangible and incorporeal. Tangible means one which is, there are physical existence. You can see, you can touch, and you can feel. Intangible is one thing which you cannot see, which you cannot touch, which you cannot feel, but still it is right. But still it is right. Corporal or tangible properties are those properties which has a physical existence which can be seen or touched. Example, land, house, table, etc. But incorporeal or intangible are those which have no physical existence and they are only fictitious rights. What are they? Example, the right of a tenant to live in the house of his landlord is an immobile property of the tenant. I take a house belonging to X for rent, and I enter into the house. I start living in that house with my family. As long as I am residing in that house with my family, in my capacity as a tenant, in my capacity as a tenant, that right of exercise over the property as a tenant is an intangible right. And this is the benefit to arise out of the land. It is the benefit to arise out of the land. Then I told you already, right of fishery, right of ferry, and right to carry out mining are all intangible properties because they are rights. You may ask me a question. Perring can be done only through navigation on the boats and streamers. Are they not real properties? They are real properties, but the right to travel is an incorporeal right or an intangible right. Then we will go to the third day definition, third day expanded meaning of the word land. Things attached to the earth. Things attached to the earth can be divided into three. Number one, things embedded in the earth. Number two, things attached to what is embedded in the earth. Number three, things rooted in the earth. Example, three solutions. Let us say that I have a site measuring about 3040. I want to put up a construct. I want to put a construction of a house. I dig the earth. I lay foundation that is embedded to the earth. Foundation is laid not to remove it whenever I want. Foundation is laid for the purpose of putting up a construction of the house, which has to live for hundreds of years. On the foundation, I construct walls. As per the plan, I put a proofing to cover. So all these things called as things embedded to the earth. When we say embedded to the earth means, as I told already, it is not meant for demolition as and when I want. It will not be removed at our will and wish. Once it is constructed, it is constructed with the intention that it should be longer more than 100 years permanently. So embedded to the earth. Second one, things attached to what is embedded to the earth, mere construction of mere laying up of a foundation, construction of the walls on all four sides, putting up a roof does not itself become a house. To make it a house or a home, we have to put a door. We have to put as many number of doors as required. Entrance door, veranda door, bedroom door, kitchen door, bathroom door, balcony door. We have to put so many doors. We may have to put so many doors as per the plan. So these doors are fitted to the things which are embedded to the earth. The walls are embedded to the earth and in the walls, we put doors. We are not going to remove the doors. Doors are meant to be there as long as the house is there. So it is a permanent structure. We put windows for the purpose of getting free air and light. So they are the things embedded to the earth. There are certain things though which are in the house are not embedded to the earth. For example, electric bulbs, they are consumer durable articles. Their life is very sharp. Tubal lights, air conditioner, cooler, fans, door contents, whatever you call, whatever you use for the purpose of decorating your house, all for the purpose of using it as a consumer durable. They are all short lived. Therefore, they are not considered as immobile properties. They are immobile solely. They are not considered as immobile properties. To constitute an immobile property, two essential ingredients are to be fulfilled. Number one, to be attached permanently to the things embedded to the earth. That is to the walls. On foundation, they put up walls. Foundation is also embedded. Walls are also embedded. So therefore, we put up doors to the walls, sorry, doors on the walls and therefore they are permanently attached. They must have been permanently for the beneficial enjoyment of the house. We construct house. We put up doors, decorative doors. We make all efforts to see that a quality wood is used and permanently fixed to the walls of the house for being used permanently for a long time. So the intention is a permanent and permanent use. Say for example, the life of the house is 100 years. I want those doors and windows to be there for 100 years. So these are the two essential conditions that should satisfy to call that they come within the definition and within the meaning and definition of things attached to what is embedded to the earth. Then things are routed to the earth. Things routed to the earth. I am discussing on the topic that definition of the word aligned only. Things routed to the earth. Things routed to the earth are trees, plants and shrubs. We sow the seed in order to raise a plant and then it will grow as a big tree. Or we may plant sampling. They will grow as big trees, shrubs that will also grow. All those things will not grow unless their roots are deeply routed into the earth. So they are called as things which are routed to the earth. Then you may ask me a question. Sir, there are so many types of woods which are used for the purpose of carpentry work. Will you still call them as things attached to the earth or growing crops? We sow the seed, rice crop. Do you call it as things attached to the earth? Certainly not. That is an exception to the general rule. A standing timber is not an immovable property. For example, sesame wood, teak wood, neem wood, trees. These are all grown for the purpose of using them as a wood for construction purposes, for doors and windows, etc. So the intention of growing those trees itself is to cut and use them as wood of a required size, planks. Therefore they are called as timbers. Though they are trees, as trees like mango trees, jackfruit trees, etc., though they are trees, they are not trees in that sense of the term. They are called as standing timber. So the intention of the person rising that particular tree is not to allow the tree to continue to remain for a number of years. The intention is to cut when they are ready for cutting and using that as a timber. Therefore standing timber is not an immovable property. That is why the immovable property definition in this immovable transfer of property itself says immovable property does not include standing timber, growing crops and grass. Similarly, but whereas fruit bearing trees like coca leaf trees, mango trees, jackfruit trees, etc. are all the trees which are grown for the purpose of reaping the fruits out of it from it and eat them or sell them and use them for a commercial use. So they are not meant for cutting. They are meant for using it as a commercial value and the fruits bearing trees as and when the fruits ripe, they will be harvested and they will be used and the tree will remain as it is. In the next season, again it eats fruits. So it goes on eating fruit year after year over several decades of years. Therefore they are immovable properties. They are deeply rooted to the earth. The timber is also deeply rooted to the earth but still it is not an immovable property because the intention of rising that type of food is only to cut and remove and use them as foods. Same is applicable for a standing crop. Standing crop, wheat, ragi, jola, whatever it is, their life is very short. Maybe 3 months, 4 months, 5 months, 6 months or in case of sugarcane little more, they are grown for the purpose of cutting only, not for the purpose of allowing it to remain on the land itself. Therefore that is not an immovable property. Grass, if you are a fodder, used for feeding cattle is also immovable property but there is one distinction. Right to cut the grass, I have land, there is grass grown in plenty, abundance and somebody comes and wants to cut the grass. I have a right to cut it. I have sold that right to X and X will cut the grass. That right I have given to a person to cut the grass is an immovable property. Look at the beauty of the meaning. Grass, if I cut it and use it as a fodder, it is not an immovable property. But when the right to cut the grass is there, that becomes an immovable property. Sometimes, sometimes even fruit bearing trees also become an immovable property depending upon the intention of the person. If my intention of growing the plant or mango tree is to cut and use it as a wood, then it becomes an immovable property and not an immovable property. So, intention of the person also matters much in deciding whether a particular tree, though it is deep-rooted, deep-rooted to the earth is a movable property or an immovable property. But generally speaking, a timber, crops grown and grass are all movable properties and they are not immovable properties. All fruit bearing trees are all immovable properties because the purpose of growing them is only to harvest the fruit and they are seasonal. Again, the tree will yield the same fruit in the next season and the fellow will collect it, sell it, make money out of it and that is how those trees are nourished and grown. Therefore, they are called as immovable property. In fact, in the decision of the Honorable Supreme Court, reported in the AIR 1958 Supreme Court, page 532, it is observed like this, quote, if the owner of the tree is interested, if the owner of the tree is interested, if the owner of the tree is interested in the further vegetative growth of the tree, in the further vegetative growth of the tree, that is, intends to keep the tree alive. It is a tree and an immovable property. But if it is intended to be that tree is to be cut reasonably early, that tree becomes a standing timber, though it is a fruit bearing tree, though it is a fruit bearing tree. So, this is how that distinction will have to be drawn. Then as I have already told, the growing crops, crops which are standing on the tree, paddy, ragi, etc. are all short-lived and they are raised only for the purpose of cutting and using it as a food, food, I mean, whatever, cereals for us for our food and all that. Therefore, they are all short-lived and they are immovable properties and not immovable properties. And regarding grass, I have already told. So, to summarize it, the following are the instances of immovable property. Number one, beneficial interest arising out of land. Example, right of usement or right of way. For example, I have a right to have the water fed to my land through a channel which is in the land of my neighbor and that right is an immovable right, immovable property in ismentary right. If I have a way, a pathway or a car road on the land of X, which is the only way for me to reach my land, that is the right of usement. That is again an immovable property. This is one thing. Right under the lease or tenancy, AR1965, Supreme Court, page 1008. Right to extract gold, silver, copper, iron. AR1957, Calcutta, page 128. Right to collect dues from fair. Right to take forest produce. AR1959, Supreme Court, page 735. Right to collect lakhs from trees. LSE lakh. AR1959, Patna 402. Margage debt. Equity of redemption. Office of the hereditary of the peace of a temple. And also its employment. And as already told, a right of way, a right of fishery. A debt secured by mortgage. Hereditary office are all immovable property. All some of these are examples of an immovable property. Mr. Chhatrat sir. Yes sir. Chhatrat. Yes sir. Chhatrat sir. Yes sir. Shall we stop or shall we continue? So we will do part two. Whatever is already over, that is why I am asking. That is what I am saying. We will do part two later on. Later on. Okay. We will stop at this. Shall we stop at this? Yes sir. Okay. Thank you. Though we have all become immovable properties, we didn't want to leave. One question is, sir, you have explained readiness and willingness to perform a part. No, it's simplicity. Readiness and willingness to perform his part of contract. Is it with respect to balance consideration or is it with respect to stamp duty and registration charge? This question can be asked when I am dealing with the section under section 53A of the transfer of property act. And this is not the right time to put the question. Therefore, I am not going to answer this now. Let the person who has asked the question, reserve that question and put that question to me when I am answering, when I am discussing on section 53A of the transfer of property act, then I will answer so that it will benefit the other listeners also. That's right. Yes sir. On the YouTube also we have only received messages that it is an abundant information and it was fully flowing of knowledge only. So thank you, sir, on behalf of Beyond Law CLC team and all those participants who are watching us live on the YouTube, Facebook, as well as on the Zoom meeting for sharing the knowledge in a capsule form. We have all enjoyed it. And tomorrow we will have a session on gift under section 122 and 123 by Justice Ramakrishnan from Kerala High Court. So do stay connected with us at 6 p.m. tomorrow. Thank you everyone. Stay safe. Stay blessed. Thank you. Thank you very much, sir. Thanks to one and all for having given a very patient listening and thanks for providing me this opportunity to enrich myself. Enrich myself. Thank you. You are already enriched. You are like us, what you are giving examples of fruits. You are a tree and we are just enjoying the fruits. No, no, no, no, sir. I am also a student. I have already told that. I am also a student in the process of learning the things. But with deep roots. Thank you very much, sir. Thank you. That's okay.