Tree is an immovable property but 'Standing Timber is not an immovable property' as per the Transfer of Property Act
Tree and Standing Timber – distinction:
Tree is a perennial plant
develops wood branches from the ground.
Tree must have two essential
characteristics:
1. It
must be perennial and not seasonal;
2. Its
stem must be ‘woody’ and not herbaceous or pulpy;
(a
banana plant is not a perennial plant; it is a seasonal crop lasting for one
year or one and a quarter year or so; its stem is not ‘woody’ but fleshy or
herbaceous;)
Timber means ‘wood suitable for
building houses, etc.
Standing Timber: It must be a tree that is meant to
be converted into a timber so shortly, even though it is still standing on the
soil; (where the trees are sold to be cut down to be used as timber, is a
standing timber)
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