The Transfer of Property Act, 1882 has defined Immovable property as the property that does not include Standing timber, growing crops or grass. The property which is attached to the earth is immovable property. Attached to the earth means anything that is rooted in the earth, as in the case of trees and shrubs; imbedded in the earth, as in the case of walls or buildings; or attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached. Any kind of property other than immovable property is movable property. Property means a physical and material thing like land, houses etc., and any right exercised over material things, like right to enjoy, possess, sale and gift etc., and right to repayment of debt. Thus transfer of movable and immovable property includes transfer of things, transfer of rights and transfer of a debt. Transfer of any property may take place either in present or future but the property must be in existence at the date of transfer. The transfer of property must be affected by competent persons. Competent person to transfer property has been described in the act as those who is competent to enter into contract and he must have the title to the property or authority to transfer it which does not belong to him.
