Section 3, Transfer of Property Act [S10-0ND]
As at 7 September 2026. In force from 1 July 1882.
3. Interpretation clause.—In this Act, unless there is something repugnant in the subject or context,—
"immoveable property" does not include standing timber, growing crops or grass;
[...]
"attached to the earth" means—
(a) rooted in the earth, as in the case of trees and shrubs;
(b) imbedded in the earth, as in the case of walls or buildings; or
(c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached;
[...]
"actionable claim" means a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;
[...]
Defined terms in this text (8)
actionable claim: Section 3, Transfer of Property Act [S100ND] (In this Act, unless there is something repugnant in the subject or context,—): "actionable claim" means a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief [...]
actionable claim: Section 3, Transfer of Property Act: "actionable claim" means a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;
actionable claim: 1 more definition.
attached to the earth: Section 3, Transfer of Property Act [S100ND] (In this Act, unless there is something repugnant in the subject or context,—): "attached to the earth" means (a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached
Court: Section 2, Indian Tolls Act, 1851 [S11B35] (In this Act, unless the context otherwise requires,—): "court" means a court of civil jurisdiction and includes a tribunal constituted under this Act
Court: Section 2, Indian Tolls Act, 1864 [S12AQM] (In this Act, unless the context otherwise requires,—): "court" means a court of civil jurisdiction and includes a tribunal constituted under this Act
Court: Section 2, Bombay Civil Courts Act, 1869 [S12EXG] (In this Act, unless the context otherwise requires,—): "court" means a court of civil jurisdiction and includes a tribunal constituted under this Act
Court: 47 more definitions.
immovable property: Section 3, Transfer of Property Act [S100ND] (In this Act, unless there is something repugnant in the subject or context,—): "immoveable property" does not include standing timber, growing crops or grass
immovable property: Section 3, General Clauses Act, 1897 [S100SN] (In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context): "immovable property" shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth
immovable property: 2 more definitions.
mortgage: Section 58(a), Transfer of Property Act: "A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being are called the mortgage-money, and the instrument (if any) by which the transfer is effected is called a mortgage-deed."
movable property: Section 3, General Clauses Act, 1897 [S100SN] (In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context): "movable property" shall mean property of every description, except immovable property
movable property: 1 more definition.
timber: Section 2, Forest Act [S10114] (In this Act, unless there is anything repugnant in the subject or context,—): "timber" includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not
tree: Section 2, Forest Act [S10114] (In this Act, unless there is anything repugnant in the subject or context,—): "tree" includes palms, stumps, brush-wood and canes
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