What Is the Definition of Movable Property in India?

In general terms, movable property means the property which can move from one place to another. The Transfer of Property Act, 1882 has not defined movable property.

Section 3 of the Transfer of Property Act provides a negative definition of immovable property and excludes standing timber, growing crops and grass from immovable properties. Then, logically, standing timber, growing crops, and grass are movable properties.

This law note tells you about the definition of movable property under various Indian laws, such as Bharatiya Nyaya Sanhita, IPC, CPC, Registration Act, and more.

Definition of Movable Property in Other Laws

The description of movable property can be studied in various other laws, such as:

General Clauses Act, 1897
Indian Registration Act, 1908
Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023
Code of Civil Procedure, 1908

General Clauses Act, 1897

Section 3(36) of the General Clauses Act, 1897 defines movable property as ‘property of every description except immovable property.’

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Indian Registration Act, 1908

Section 2(g) of the Registration Act, 1908 defines movable property as ‘movable property includes standing timber, growing crops and grass.’

Indian Penal Code, 1860

Section 22 of IPC defines movable property as including corporeal property of every description, except the following:

Land
Things attached to the earth
Permanently fastened to anything which is attached to the earth.

Bharatiya Nyaya Sanhita, 2023

Section 2 of Bharatiya Nyaya Sanhita (BNS) is about definitions and its point number 21 talks about movable property, which ‘includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.’

Code of Civil Procedure, 1908

Section 2(13) of CPC defines movable property as ‘movable property includes growing crops.’

Some Examples of Movable Property

Government promissory notes
Right of worship
Royalty or copyright
Decree for the arrears of rent
Decree for sale of immovable property on a mortgage (Jiwan Ali Beg vs Basa Mal and Ors (1886))
Right to get maintenance allowance (Altaf Begum vs Brij Narain)
Electricity (State of AP vs NTPC Ltd.)
Right to enjoy the benefit of fruit trees

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Ankita Soni

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Ankita has written this article. She is pursuing B.A.LL.B from Amity University, Madhya Pradesh. She is a passionate law student and explores every opportunity. Ankita is good at legal research and manages her time efficiently.