Can anyone explain actionable claim & things attached land

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 March 2017
Please explain the defination of goods which incules actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be served before supply or under a contract of supply.

1.Please explain actional claim
2. Things attached to or forming part of the land

Guest

Guest (Expert)

12 April 2017 I Actionable claim has been
defined in section 2(1) as follows:
(1) “actionable claim” shall have the meaning assigned to it in section 3
of the Transfer of Property Act, 1882;
The said section 3 reads as follows :
‘“actionable claim” means a claim to any debt, other than a debt secured
by mortgage of immovable property or by hypothecation or pledge of
movable property, or to any beneficial interest in movable property not
in the possession, either actual or constructive, of the claimant, which
the Civil Courts recognise as affording grounds for relief, whether such
debt or beneficial interest be existent, accruing, conditional or contingent.’

For examples :
(a) A claim for arrears of rent has been held to be an actionable
claim.
(b) A right to the credit in a provident fund account has also been held
to an actionable claim
II As held in various judgements growing of crops, grass, wood etc. are forming part of immovable property.
However, very often, when the contract is for sale of crop, grass etc. is
entered into, the owner agrees to severe these items from the land before
sale of the same. The buyer also intends to buy all crops, grass etc.
Once these items are severed they become movable property which
can be purchased and sold. In order to avoid confusion, the definition
of goods specifically includes such items which are agreed to be severed
before their supply. Thus inclusion of these items expands the meaning
of movable property.

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