Sanjeev sold 15 Sheesham trees to Harish who cut them and used wood for furniture. Identify the nature of transfer.

Sale of movable property

The term 'Property' or the term 'Transfer of Property· are not defined in the Act. Though not defined, the word 'property' has been used in a broad sense throughout the Act. Every interest or right that has an economic value denotes property. Property is of two kinds - movable and immovable. Movable property is one which can be transferred from one place to another and is governed by the Sale of Goods Act. Immovable property governed by the Transfer of Property Act is not defined in the Act. However, under Section 3, immovable property does not include standing timber, growing crops or grass. Immovable property includes lands, buildings and benefits arising out of land and things attached to the earth. In simple words, any property that is attached to the earth and cannot be transferred from one place to another is called immovable property. In Shanta Bai v. State of Bombay (1958 SC 532), the distinction between movable and immovable property was observed. If the intention is to reap fruits from the trees, then it is regarded as an immovable property. But if the intention is to cut down the tree and use it as timber, it would be regarded as movable property.