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TRANSFER OF PROPERTY
Immovable Property
The provision of Section 3 of the Transfer of Property Act, 1882 does not provide for a
comprehensive definition of immovable property, however, it only mentions that immovable
property does not include standing timber, growing crops, or grass. Thus the definition only
points out certain kinds of property to be not considered as an immovable property and
further classifies certain kind of properties which can be considered to be immovable
property.
Attestation
Meaning of attested the term attested in this section means that a person has signed
the document by way of testimony of the fact that he was it executed. Attestation is stated in
Section 3 of the Transfer of Property Act. In order to constitute valid attestation the essential
conditions are:
(1) there must be two attesting witnesses,
(2) each must have seen the executant sign or affix his thumb mark to the
instrument,
(3) each of the two attesting witnesses must have signed the instrument in the
presence of the executant.
Notice
The last paragraph of the section 3 states under what circumstances a person is said
to have notice of a fact. He may himself have actual notice or he may have constructive
notice may be imputed to him when information of the fact has been obtained by his agent
in the course of business transacted by the agent for him.
(a) Express or actual notice:
An express or actual notice of fact is a notice whereby a person acquires actual
knowledge of the fact. It must be definite information given in the course of
negotiations by a person interested in the property.
(b) Constructive Notice:
It is a notice which treats a person who ought to have known a fact, as if he actually
does know it. In other words, a person has constructive notice of all facts of which he
would have acquired actual notice had he made those enquiries which he ought
reasonably to have made.
Doctrine of Fixtures
A fixture is something fixed. In Transfer of Property Act, a fixture is a chattel which is
affixed to the soil or land. But a chattel by merely being affixed to the land will not become
an immovable property. There are two things which have to be considered for arriving at the
point whether a chattel is an immovable property. This can be called the Doctrine of
Fixtures.
79 PROPERTY LAW