Sale is a transfer of ownership in exchange for
a price paid or promised or part paid and part promised. The transfer
by way of sale of tangible immovable property of the value of rupee
one hundred and above can be made by a registered instrument. The
transfer by way of sale of tangible immovable property of the value
of less than one hundred rupees may be made either by a registered
instrument or by delivery of the property.
Sale of immovable property has been defined as
a transfer of ownership in exchange for a price paid or promised
or part paid and part promised.
According to Transfer of Property Act, immovable
property does not include standing timber, growing crops or grass.
In General Clauses Act, immovable property has
been defined as including land benefits to arise out of land and
things attached to the earth or permanently fastened to anything
attached to the earth. The term "attached to the earth" has
been defined in Transfer of Property Act as under:
-
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.
The benefits to arise out of land is an interest
in land e.g. life interest in the income of immovable property,
right of way, ferry, fishery, lease of land, right to enter upon
land and to carry away fish from a lake, right to enter upon land
and to remove trees, right to collect dues at a fair held on the
land, right to rear land. But right to recover maintenance charged
on land, royalty are not benefits to arise out of land.
