ABSTRACT
The paper titled ‘Comparing The Incomparable: A Critical Analysis Of The Classification Of Property In “Movable” Or “Immovable” With Respect To The Indian Context And Resolving The Conundrum’, primarily discusses about the differing elements accorded to the concept of property in Indian legal system. The first chapter gives a brief overview of the concept of property and its relevance in light of The Transfer of Property Act. The second chapter provides for a discussion on the specific legal provisions given in the act to churn out differences between movable and immovable property. It is further discussed that how dubious terminology and definitions have caused confusion in laying down clear demarcations between the two structures of property in the Indian legal regime. The third chapter deals with the discussion held in the reports of Law Commission as to what constitutes movable and immovable property. The fourth and the final chapter discusses the judicial pronouncements that have paved the way for the evolution and development of the comparative discussion on movable and immovable property. It also looks at how, English Law differs to that of Indian law. Furthermore, Indian cases have been thoroughly provided at the end, wherein the Courts have formulated certain principles to clear out the air over this classification of property.
Jadon, Manvendra Singh, Comparing the Incomparable: A Critical Analysis of the Classification of Property in ‘Movable’ or the ‘Immovable’ with Respect to the Indian Context and the Way Ahead (January 16, 2017). Nirma University Law Journal: Volume 6, Issue 1, January 2017.
First posted 2020-06-17 05:50:52
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