is generally considered property movable, as opposed to real property or real estate. In common lawsystems, personal property may also be called chattels or personalty. In civil law systems, personal property often calledmovable property or movables – any property that can be moved from one location another. This term is in distinction withimmovable property or immovables, such as land and buildings. Movable property on land not automatically sold with the land, included for example a larger livestock (wildlife and smaller livestock like chickens, by contrast, w sold as part of the land). In fact the word cattle is the Old Norman variant of Old French chatel (derived from Latin capitalis, “of the head”), which was once synonymous general movable personal property.
ancient legal fiction, movables follow the person. Movable property was supposed to stay with the person of the owner. Therefore, such property did not have any situs other domicile of the owner. This doctrine resulted in the evolution of the universal principle that for most purposes personal property should be governed, no matter where actually situated, law of the domicile of the owner; which law would change with a change of domicile. However, in certain circumstances, the law of the state where the property was actually situated, rather than the domiciliary applied to the transfer. – See more at: http://conflictoflaws.uslegal.com/laws-applicable-to-movable-property/#sthash.jVkk1UNp.dpuf
matter of public policy, a state is empowered to decide whether to apply rules to property, within the state, of foreigners who choose to place it there for custody or investment, and to honor o formal agreements or suggestions of such owners by which the state’s law would. Generally, law of the place of contracting determines if a under a contract is capable of being transferred by the owner. Law of the state where a transfer is made governs the validity of the transfer chose in action. However, if the transfer of a chose in a state other than the state wherein the located conflicts with the interests of the latter state, regarded as valid in such state. – See more at:
- Roman and modern systems, the basic division of things subject to ownership. In general, the distinction rests on ordinary conceptionssical mobility: immovables would be such things as land or buildings, which are thought to be stationary in space; movables would be such things as cattle or personal belongings, which can either move themselves moved in space. The definition is by no means rigid, however; the law may be so written as to place a specified thing in one category or the other for the sake of legal convenience or utility, even though the thing may seem illogically categorized in the layman’s Thus, in French law, standing crops are movables; farm implements and animals are immovables (largely because they are thought to serve the land and be components of it). In German law, the distinction is immovables are tracts of land and their component parts; movables are everything else. In the Anglo-American common-law system, exists a similar distinction between(immovable) and personalProperty Topic 1. Movable and Immovable propert We are here … 1. Movable and immovable property 2. Attestation and notice 3. Actionable claim 4. Transfer of 5. Restraints on transfer 6. Rule against perpetuities 7. Vested and contingent interest 8. Doctrine of election 9. Sale of immovable propertRelevance • Like I told in the introduction, TP Act governs only the transfer of IMMOVABLE properties. • MOVABLE properties are governed by Sale oAct. • Hence, there is a need to understand what is movable and what is immovable property and the ways to distinguish them. • Relevance to exam – I really do not know! • Wherever the word “Act” or “TP Act” has been used, it is to be understood as Transfer of Property Act, 188Property • Not defined in TP Act • When we examine the Act, we realise that the word has been used in the most widest and generic sense. • Property denotes – Every kind of interest or right – That has an economic content • Property broadly classified into – 1. Movable property – 2. Immovable proper Immovable property (TP Act deals only with this) • TP Act doesn’t define immovable property • Sec. 3 lays down “immovable property” does not include – Standing timber – Growing crops or – Grass • Sadly, what is “included” as immovable property is not defined! • So, what do we do now? Indian Registration Act • Immovable property includes: – – – – – – – – Land Building Hereditary allowances Right to ways Lights Ferries Fisheries Any benefits to arise out of land and things attached to earth, but not standing timber, growing crops or grass (here, they meant the normal grass General Clauses • According to Sec. 3 of General Clauses Act, “immovable property” include: – 1. Land – 2. Benefits to arise out of land – 3. Things attached to the earth or permanently fastened to anything attached to the earth • These above three elements will be expanded and studied. Definition of Registration Act also will be completeness.