“CRITICAL ANALYSIS OF MOVABLE & IMMOVABLE PROPERTY.”

Authors: Spandana Reddy Bommu, Student of Symbiosis Law School, Hyderabad

Best Citation – Spandana Reddy Bommu, CRITICAL ANALYSIS OF MOVABLE & IMMOVABLE PROPERTY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 153-162, ISSN – 2583-2344.

ABSTRACT:

The paper “A Critical Analysis of Movable and Immovable Property” examines the numerous elements associated with the concept of property within the Indian legislative structure. The initial chapter briefly introduces the subject property and its application to The Transfer of Property Act. The Act’s particular legislative elements are presented in the subsequent section, which outlines the distinctions between moveable and immovable property. The researcher also addressed how ambiguous terms and concepts have resulted in ambiguity in establishing clear delineations among the two types of property structures within the legislative system of India. The author also examines the debate in the Law Commission’s findings over what characterises “movable and immovable property”. The fifth and the last section explore the legal decisions which opened ground for the development and evolution of the moveable versus immovable property conflict. It also distinguishes English and Indian law. In addition, Indian cases have been thoroughly discussed later, where the Judiciary has articulated specific rules to clarify the ambiguity about this property categorisation.

KEYWORDS: Movable, Property; Immovable, Law Commission, Transfer of Property Act.