According to section 8, on the transfer of a property not only all the interests of the

transferor in the property pass to the transferee but also his interests in the legal
incidents of such property. An incident is a thing necessarily depending upon or
appertaining to, or following another that is more worthy as rent to incident is a
reversion.

A) Land

Generally the transfer of land would include transfer of everything annexed to it

permanently. Therefore, the transferee would get not only the surface of the land but
also the easement annexed to it and also the minerals beneath the surface unless
there is a contrary intention. According to this section, the legal incidents of a land
include everything attached to it, rents and profits accruing after the transfer of land
and all the easement related to the land. All the houses, structure and trees standing
on the land are transferred along to the land by necessary implication.

Jai Narayan Misra vs. Hashmathunnisa Begum, AIR 2002

Where one partner contributed land and the other constructed theatre and a clause
in the partnership deed provided that the partnership will continue foe certain number
of years. The court rejected the contention that the deed was a licence to use the
land. A partnership deed usually does not have the effect.

Ram Chandra vs. Kalyan Singh, AIR 2006

Trees were planted on land in question subsequent to the agreement ,the seller
objected saying that standing trees could not be transferred in execution
proceedings, this was held to be not tenable as under section 8 that property also
passes to the transferee which is capable of passing with the land.

B) Machinery

Where machinery is attached to the earth, it is transferred along with the land
transferred. The incidents of machinery includes all the movable parts of the
machinery like nuts, bolts, etc.

C) House
Legal incidents of a house are easements like right to way, right of support,
permanent fixture like bars, windows, keys, locks, etc. which are part of the house
and provided for permanent use. Besides these, rents accruing after the date of
transfer are also transferred along with the house.

D) Debt

Where property transferred is a debt or an actionable claim, securities of it will also

pass to the transferee as legal incident of the property transferred on the basis of the
principle that every principal thing attracts accessories towards it. In this section, the
word ‘debt’ refers to only those debts which come within the general definition of
actionable claims.

Ganpat Rai vs. Sarupi, 1878

Where a money-decree is obtained for a secured debt and then transferred, the
securities will not pass with the decree and purchaser could not claim to enforce
securities.

The provision of this section are not applicable to mortgage debts because such
debts are not actionable claims. However, a charge annexed passes on to the
transferee in the assignment of a debt. A promissory note is a conditional payment of
the debt. If a mortgage holds a promissory note for a part of the debt and retains it
after transferring the mortgage, he will be restrained from suing on it pending a suit
for redemption.

Conclusion

The Transfer of Property Act 1882 is an Indian legislation which regulates the
transfer of property in India. It contains specific provisions regarding what constitutes
a transfer and the conditions attached to it. It came into force on 1 July 1882.

According to the Act, 'transfer of property' means an act by which a person conveys
the property to one or more persons, or himself and one or more other persons. The
act of transfer may be done in the present or for the future. The person may include
an individual, company or association or body of individuals, and any kind of property
may be transferred, including the transfer of immovable property.
The object of the Transfer of Property Act is to define and amend law relating to
Transfer of Property by act of parties and not to transfer by operation of law. A
Transfer of Property is a contract hence all necessary requirements to constitute
valid contract are to be fulfilled.

A property is a bundle of rights. It includes movable, immovable, tangible and

intangible assets. When a property is transferred, all the rights along with the
property are also transferred. However arrangements may be made by which some
of the rights may be transferred but not all. A transfer of future property is not valid in
India but conveyance of such property may be valid as a contract to assign. When
the property comes into existence, the equity festers upon the property and the
contract to assign becomes a complete assignment.

All the definitions read together can give us a clear idea what is included or excluded
from being an immovable property. They do not define immovable property per Se. A
clear idea can be obtained by creating a common definition by mixing these three.

Immovable Property means lands, benefits arising of the lands and the things
attached to the earth or permanently fastened to anything attached to the earth.
Other than the physical aspect, every benefit arising from and every interest in the
property is also included in the definition. It excludes three things, namely, standing
timber, growing crops and grass.

The real test if whether a property is immovable or immovable is the intention behind
the transfer and the transferability of the property. For example, generally a mango
tree will be treated as an immovable property but it will be treated as movable
property if it is to be cut and used to build a house.