Section 3 of TPA : Section 3: Interpretation-Clause

Explanation using Example

Imagine a scenario where Mr. A is selling a piece of land to Mr. B. According to Section 3 of The Transfer of Property Act, 1882, the term "immoveable property" is defined to exclude standing timber, growing crops, or grass. So, if Mr. A's land has a number of fruit-bearing trees, these trees would not be considered part of the "immoveable property" for the purposes of the transfer unless they are rooted in the earth.

Furthermore, if Mr. A had made improvements to the land by building a structure that is imbedded in the earth, like a house or a wall, these would be considered as "attached to the earth" and hence part of the immovable property being transferred to Mr. B.

Additionally, if there was a previous transaction involving the land that was required by law to be registered, and Mr. B failed to look up the registration, he is deemed to have "notice" of that transaction from the date of its registration. This means Mr. B could not claim ignorance of any legal claims or encumbrances on the property that were part of the registered transaction.

Lastly, if Mr. A had an agent who was aware of a third party's claim to the land but did not inform Mr. A, and this agent was acting on behalf of Mr. A in a matter related to the land, Mr. A would be considered to have notice of the third party's claim. However, if the agent was hiding this information intentionally, Mr. A may not be charged with having notice of the claim against any third party involved in the agent's fraud.