Category: Types of Property:

ISSUE:

Whether fishing on land constitutes profit a prendre and if that forms a part of immovable property?

RULE:

Profits Prendre forms a part of immovable property as they are benefits arising out of land and are transferred along with the immovable property.

ISSUE:

Is a tree an immovable property and what is the distinction between the tree and standing timber?

What is the distinction between a lease document and profit a prendre?

RULE:

Trees are immovable property.

In case of a lease, one who enjoys the property has no right' to take it away. In a property-a-Prendre, one has a license to enter on the land, not for the purpose of enjoying it but for removing something.

Deed for transferring the right in the case required registration.

ISSUE:

Whether during the sale of a land, the saplings standing on the land are also transferred along with land?

What happens in the case of the absence of any expressed or implied intention in the agreement?

RULE:

Section 3 and section 8 of the Transfer of Property Act.

Section 3(26) of the General clauses Act.

ISSUE:

Whether machinery that is embedded in the earth is movable property or immovable property?

RULE:

The categorization depends upon the facts and circumstances of each case however, primarily, the court takes into consideration the intention of the parties when it decides to embed the machinery whether such embedment was intended to be temporary or permanent.

ISSUE:

Whether an excise duty can be imposed on a turbo alternator under the Act?

RULE:

A good to attract excise duty has to be excisable and manufactured within India.

Under the excise law, the good must have mobility and marketability.