English

Study the Following Information and Answer the Questions that Follow: Principle: a 'Fixture' is Something Attached to the Land Or a Building in Such a Way that It is Regarded as an -

Advertisements
Advertisements

Question

Study the following information  and answer the questions that follow: 

Principle: A 'fixture' is something attached to the land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixtures' in a home include the hot water service, range top, wall oven, fixed floor coverings, light fittings, and a built-in (under bench) dishwasher. Garden plants, including bushes and trees, are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
Factual Situation Khaleeda wants to sell a plot of land she owns in Beghmara (Meghalaya) and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for 60 lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-colored radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door in question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than 150 years before she had it fitted as the entrance to her Beghmara house.

Amongst the following options, the most relevant consideration while deciding a case on the basis of the above  two principles, would be

Options

  • whether the movable thing was included in the sale agreement  

  • whether the movable thing was merely placed on the  land or building

  • whether the movable thing had become an inseparable part of the land or building

  • whether the movable thing could be removed

MCQ

Solution

whether the movable thing was merely placed on the  land or building

Explanation:

whether the movable thing was merely placed on the land or building. See Sec. 3 of the Transfer Of Property Act, 1882.

shaalaa.com
Contract Law
  Is there an error in this question or solution?
Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×