4 Major Differences between English law and Indian law are mentioned below:
English law:
1. English law comprehends all that would be real property as “immovable property” and possibly it embraces more.
2. A lease is regarded as personal property in England.
ADVERTISEMENTS:
3. The term “Land” has been defined in the Law of Property Act, 1925: Land comprehended any ground, soil, or earth whatsoever.It legally included also all castles, houses, and other buildings also water.
Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments
Also a manor, an advowson, and a rent and other incorporeal hereditaments, and easement, right privilege or benefit in, or over, or derived from land.
4. The term immovable property comprehends certainly all that would be real property according to English law, and possibly more.
Indian law:
ADVERTISEMENTS:
1. The definition of immovable property as given in the Transfer of Property Act, 1882 is restricted to this Act only, and cannot be imported into other enactments.
2. But in India, a lease is immovable.
3. The term “immovable property” has also been defined in Sec. 2 (6) of the Registration Act, 1908, and Sec. 3(26) of the General Clauses Act, 1897.
4. The definition given in Sec. 3 of the Transfer of Property Act is a negative definition and is neither comprehensive nor exhaustive.