A CRITICAL ANALYSIS OF MOVEABLE AND IMMOVEABLE PROPERTY

AUTHOR – VETRIVEL.M* & DR.P.BRINDA**, LLM SCHOLAR* & HOD, DEPARTMENT OF PROPERTY LAW, SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – VETRIVEL.M & DR.P.BRINDA, A CRITICAL ANALYSIS OF MOVEABLE AND IMMOVEABLE PROPERTY, ILE PROPERTY AND LAND LAW REVIEW (ILE PLLR), 2 (1) OF 2024, PG. 22-28, APIS – 3920 – 0048 | ISSN – 2584-1998

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, The distinction between movable and immovable properties is a cornerstone of property law, influencing various legal processes, including ownership, transfer, taxation, and inheritance. Movable property, such as vehicles, goods, and money, is characterized by its ability to be transferred without altering its essential nature, while immovable property typically refers to land and anything permanently attached to it, such as buildings. This article critically analyzes the legal definitions, transfer mechanisms, and taxation of movable and immovable properties, highlighting the challenges in their classification. Through an examination of landmark case laws, such as K.K. Verma v. Union of India and N. V. Srinivasa Iyengar v. N. V. Krishnamurthy, the paper illustrates the complexities courts face when determining the classification of properties that may exhibit characteristics of both movable and immovable assets. The article also discusses how these distinctions impact inheritance laws, property taxation, and the evolving nature of property in the face of technological advancements. In conclusion, while the legal framework surrounding movable and immovable properties is well-established, it requires ongoing refinement to address emerging issues, particularly with the rise of digital and intangible assets. A flexible, nuanced approach to property classification is essential to ensure that property laws remain relevant in modern legal contexts.