Meaning and Concept
Movable property refers to property that can be moved from one place to another without causing damage to the property itself. It generally includes tangible items such as goods, money, furniture, vehicles, and intangible rights like actionable claims. Under Section 3(36) of the General Clauses Act, 1897, movable property means property of every description except immovable property. This definition adopts a negative approach, treating all property as movable unless expressly classified as immovable. Movable property plays a crucial role in commercial transactions, contracts, and property law due to its ease of transfer and possession.
Statutory Provision and Legal Framework
The definition of movable property is primarily governed by Section 3(36) of the General Clauses Act, 1897. Additionally, the Transfer of Property Act, 1882 indirectly refers to movable property by defining immovable property under Section 3, thereby excluding movables. Movable property transfers are also regulated by the Sale of Goods Act, 1930, which governs the sale and transfer of movable goods. Courts have consistently interpreted movable property to include all property capable of physical movement or legal transfer without attachment to land, ensuring clarity in property classification.
Essential Characteristics and Importance
The essential characteristics of movable property include physical mobility, ease of transfer, temporary location, and absence of permanent attachment to land. Movable property can be transferred through delivery, sale, or assignment depending on its nature. Its importance lies in facilitating trade, commerce, and daily transactions. In examinations, movable property is often contrasted with immovable property to test conceptual understanding. A clear grasp of this concept helps students distinguish legal rules applicable to different types of property and understand transfer mechanisms under various statutes.
Real-Time Example
A real-time example of movable property includes items such as mobile phones, laptops, vehicles, jewelry, money, and stock-in-trade of a business. For instance, when a person sells a car, the ownership is transferred through delivery and registration without any involvement of land. Similarly, money deposited in a bank account or shares held in a company are movable properties as they can be transferred without physical attachment to immovable property. These examples clearly demonstrate the practical application of the definition under Section 3(36) of the General Clauses Act, 1897.
Mnemonic to Remember
A simple mnemonic to remember Movable Property is “MOVE”.
M – Movable from place to place
O – Ownership transferable easily
V – No attachment to land
E – Excludes immovable property
This mnemonic helps students quickly recall the essential features during exams.
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