Wednesday, September 24, 2014

Tree is an immovable property

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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