TABLE OF CONTENT

    Key Highlights

    • Immovable property means land, buildings, or anything fixed to the ground. It cannot be moved without breaking or altering it significantly.
    • Its key types include legal rights tied to land, such as the right to collect rent, the right of passage, or mining leases until minerals are cut out. Items grown to be cut or eaten, like timber and crops, count as movable after cutting or harvest.
    • Buyers pay 1% TDS on purchases above ₹50 lakh unless it is farm land. Sale within two years is taxed at the slab rate (short-term), after two years at 12.5% (long-term). GST applies only to under-build properties..


    Property law touches nearly every person at some point, whether they are buying a home, renting land, inheriting assets, or paying taxes. At the heart of these daily issues is one key term: immovable property. The phrase is common in legal documents, tax notices, court orders, sale deeds, and rental agreements. Yet, despite its wide use, many people are unsure what is immovable property meaning. This article breaks it down in a simple way.

    When Can a Property Be Classified as Immovable Property?

    Here is the legal explanation of the scenarios in which the said property is considered immovable.

    1. Attachment to the Earth

    A property is immovable if it is permanently attached to the earth, meaning it cannot be moved without altering its essential character. Here, immovable property examples include land, buildings, and structures rooted in the soil. For example, a house or factory built on land is immovable because dismantling it would render it useless. The law distinguishes between temporary fixtures (such as tents) and permanent fixtures (such as walls or wells).

    2. Land and Rights Arising from Land

    Land itself is immovable property, but so are rights inherently connected to land, such as rights of way, rights to collect rent, or rights to extract minerals. These rights are inseparable from the land and cannot exist independently. For instance, a mining lease grants the lessee rights over minerals embedded in the soil, which are immovable until severed. Similarly, easements like a right of passage are immovable because they are tied to the land’s existence.

    3. Benefits Arising Out of Immovable Property

    The law classifies benefits arising from immovable property as immovable themselves. Examples include profits à prendre, rent from agricultural land, or income from a building. These benefits are not tangible objects but legal interests inseparably linked to immovable assets. For instance, rent payable by a tenant is considered immovable because it flows directly from the occupation of immovable property.

    4. Exclusion of Certain Items (Standing Timber, Growing Crops, Grass)

    While land and permanent fixtures are immovable, the Act explicitly excludes standing timber, growing crops, and grass. These are considered movable because they are meant for eventual severance and consumption. For example, trees cultivated for timber are movable once cut, and crops are movable upon harvest. The distinction lies in their intended use: if the object is meant to be severed and used separately, it is movable.

    5. Judicial Interpretation of Fixtures

    Fixtures are objects attached to immovable property, and their classification depends on the degree and purpose of attachment. Courts apply the “degree of annexation” and “object of annexation” tests. For instance, machinery bolted to the ground in a factory is immovable if intended for permanent use, but movable if installed temporarily. The Supreme Court has emphasised that the intention behind attachment is crucial: if removal would damage the property or the fixture itself, it is immovable.

    6. Transferability Under the Act

    A property is immovable if it can be transferred under the Transfer of Property Act, subject to statutory exceptions. Immovable property includes land, buildings, and rights attached thereto, but excludes movable chattels. For example, a lease of land or sale of a house is valid under the Act, while transfer of movable goods is governed by the Sale of Goods Act. The classification ensures proper application of registration, stamp duty, and transfer rules. Thus, immovable property is defined not only by physical characteristics but also by its legal transferability.

    Also Read: Property Ownership: Meaning, Types, Regulation and Laws

    Types of Immovable Property

    Some of the common types of immovable properties are:

    Residential Property

    Residential property includes houses, apartments, villas, and flats used for human habitation. These properties are legally classified for living purposes and cannot be used for commercial activities unless permitted by local zoning regulations.

    Commercial Property

    Commercial property refers to buildings or land used for business activities such as offices, shops, malls, hotels, and warehouses. These properties generate income through trade, services, or leasing and follow commercial zoning and taxation rules.

    Industrial Property

    Industrial property includes land or buildings used for the manufacturing, processing, production, or storage of goods. Factories, plants, and industrial sheds fall under this category and are governed by industrial zoning, safety, and environmental regulations.

    Agricultural Land

    Agricultural land is immovable property used exclusively for farming, cultivation, horticulture, or allied agricultural activities. Conversion for non-agricultural use requires approval from competent authorities under applicable land and revenue laws.

    Vacant Land

    Vacant land refers to undeveloped immovable property without permanent structures. It may be designated for residential, commercial, or industrial use depending on zoning laws and is often held for future construction or investment purposes.

    Forest Land

    Forest land includes areas legally recorded as forests and protected under environmental and forest conservation laws. Ownership, transfer, or use is strictly regulated, and commercial exploitation is permitted only under specific statutory approvals.

    Institutional Property

    Institutional property consists of land or buildings used for public or social institutions such as schools, colleges, hospitals, and religious places. These properties serve non-commercial objectives and are governed by special regulatory frameworks.

    Mining Land

    Mining land refers to immovable property containing mineral resources allocated for extraction activities. Usage rights are granted through government leases, and operations are regulated by mining, environmental, and land acquisition laws.

    Benefits of Immovable Property

    Here are some of the key benefits of immovable property:

    Capital Appreciation

    Immovable property generally increases in value over time due to limited land supply, urbanisation, and infrastructure growth, enabling owners to build long-term wealth and hedge against inflation more reliably than most movable assets.

    Rental Income

    Immovable property can generate steady rental income, offering predictable cash flow that supports regular expenses, loan repayments, or reinvestment, while providing partial insulation against market volatility compared to equities or commodities.

    Tangible Security

    Being a physical asset, immovable property offers tangible security, reducing risks of total loss, digital obsolescence, or sudden disappearance, and providing owners with clear legal rights and enforceable ownership under established property laws.

    Tax Advantages

    Ownership of immovable property provides tax advantages through deductions on home loan interest, principal repayment, depreciation, and municipal taxes, subject to prevailing laws, thereby improving post-tax returns when structured and utilised correctly.

    Inflation Protection

    Property values and rents tend to rise with inflation, helping immovable property preserve purchasing power by adjusting income potential and asset value upward as construction costs, wages, and land prices increase over time.

    Leverage Potential

    Immovable property allows effective leverage, as banks readily offer long-term loans against it, enabling investors to acquire high-value assets with limited upfront capital and to amplify returns when appreciation exceeds borrowing costs.

    Portfolio Stability

    Adding immovable property improves portfolio stability by diversifying risk, as real estate performance often shows low correlation with stocks and bonds, thereby reducing overall volatility during economic cycles and market downturns.

    Taxation of Immovable Property

    Taxation of immovable property in India is primarily governed by the Income Tax Act, 1961, the Goods and Services Tax (GST) framework, and municipal property tax laws. When purchasing immovable property (excluding agricultural land), Section 194-IA mandates the deduction of 1% Tax Deducted at Source (TDS) if the transaction value is ₹50 lakh or more. If the seller does not furnish a valid PAN, the deduction rate rises to 20%. The buyer must deposit TDS using Form 26QB within 30 days and issue Form 16B to the seller, with penalties applicable for non-compliance.

    On the sale of property, capital gains tax applies: if sold within two years of purchase, gains are treated as short-term capital gains and taxed at slab rates without indexation benefits. If sold after two years, they qualify as long-term capital gains, taxed at 12.5% without indexation, with certain relaxations available to individuals and Hindu Undivided Families (HUFs).

    Exemptions under Sections 54, 54F, and 54EC allow reinvestment in residential property or specified bonds to reduce tax liability. GST is applicable only on under-construction properties, not on completed or resale properties.

    Affordable housing projects attract 1% GST, non-affordable housing is taxed at 5%, and commercial properties at 12%, with limited scope for Input Tax Credit (ITC), generally restricted to plant and machinery.

    Additionally, municipal property tax is levied annually by local authorities based on factors such as location, size, usage, and construction type, forming a recurring liability distinct from income tax and GST. Stamp duty and registration charges, though not classified as taxes under the Income Tax Act, are significant transaction costs, varying across states and typically ranging between 5–8% of property value, with concessional rates sometimes offered for women buyers.

    Non-resident Indians (NRIs) face similar rules but must comply with Section 195, which requires TDS on payments to non-residents, with rates depending on whether gains are short-term or long-term.

    Difference Between Immovable and Movable Properties

    Here are key distinctions between immovable and movable properties:

    Aspect Immovable Property Movable Property
    Definition Property that cannot be moved from one place to another; includes land and items fixed to it for good. Property that can be shifted or moved without changing its form, use or value.
    Examples Land, buildings, houses, flats, commercial spaces, plantations. Cars, bikes, jewellery, furniture, electronic devices, livestock.
    Legal Basis Defined under Section 3 of the Transfer of Property Act, 1882, covering land and benefits from land. Defined under the General Clauses Act, 1897, as any property that is not immovable.
    Transfer Process Needs registration, stamp duty and following property law rules. Transferred by handing over possession; registration is not a must.
    Ownership Rights Ownership is lasting, often hereditary, backed by title deeds. Ownership can be short-term and easily passed on; a bill or receipt works as proof.
    Taxation Includes property tax, stamp duty and capital gains tax. May include GST, excise duty or income tax, based on the item type.
    Investment Value Long-term, steady and tends to grow in value over time. Often loses value with use, apart from special rare or collector items.
    Dispute Resolution Handled under property law, land records and civil courts. Covered by consumer law, Sale of Goods Act and contract law.


    Things to Consider Before Buying an Immovable Property

    Here are a few things you must consider when buying an immovable property in India:

    1. Title Verification

    Check the chain of ownership through registered sale deeds, partition deeds, or inheritance documents. An encumbrance certificate issued by the Sub-Registrar’s office confirms whether the property is free from mortgages, charges, or litigation. A defective title can render the transaction void under the Transfer of Property Act, 1882. Courts have consistently held that “nemo dat quod non habet” (no one can transfer a better title than he possesses), making title verification indispensable.

    2. RERA Registration Compliance

    Under the Real Estate (Regulation and Development) Act, 2016, all real estate projects exceeding 500 sq. meters or involving more than eight apartments must be registered with the respective state RERA authority. Verify the project’s RERA registration number, sanctioned plans, and promised delivery timelines. RERA mandates escrow accounts for buyer payments, penalises delays, and provides grievance redressal mechanisms.

    3. Property Registration under the Registration Act, 1908

    Section 17 of the Registration Act, 1908, mandates compulsory registration of sale deeds for immovable property valued above ₹100. Registration confers legal recognition of ownership and prevents fraudulent claims. The process involves payment of stamp duty and registration fees, submission of identity proofs, and execution before the Sub-Registrar. Unregistered documents are inadmissible as evidence under Section 49 of the Act.

    4. Stamp Duty Compliance

    Stamp duty is a state-imposed tax under the Indian Stamp Act, 1899, payable on property transactions. Rates vary by state and depend on property type, location, and the buyer's gender (concessions often apply to women). Non-payment or underpayment of stamp duty renders the document invalid and unenforceable.

    5. Verification of Land Use and Zoning Regulations

    Under the Town Planning Acts and local municipal laws, land use must conform to zoning regulations. Confirm whether the property is categorised as residential, commercial, agricultural, or industrial. Conversion of agricultural land for non-agricultural use requires prior approval under state-specific laws, such as the Karnataka Land Revenue Act, 1964.

    6. Compliance with Foreign Exchange Management Act (FEMA), 1999

    For Non-Resident Indians (NRIs) and Persons of Indian Origin (PIOs), acquisition of immovable property is governed by FEMA. NRIs can purchase residential and commercial property but are prohibited from acquiring agricultural land, plantation property, or farmhouses. Payments must be made through inward remittances via normal banking channels or NRE/NRO accounts. Violations attract penalties under FEMA and may result in confiscation.

    7. Verification of Litigation and Court Orders

    Buyers must conduct searches in civil courts and High Courts to ensure the property is not subject to pending litigation, injunctions, or attachment orders. Properties involved in disputes under the Code of Civil Procedure, 1908, or insolvency proceedings under the Insolvency and Bankruptcy Code, 2016, cannot be freely transferred.

    8. Mutation of Property Records

    Mutation records maintained by municipal or revenue authorities reflect the change of ownership for property tax purposes. Buyers must ensure that the seller’s name appears in the latest mutation records. Absence of mutation may indicate defective title or pending inheritance disputes.

    9. Verification of Building Approvals and Occupancy Certificate

    For constructed properties, buyers must verify sanctioned building plans, commencement certificates, and occupancy certificates issued by municipal authorities. The occupancy certificate certifies that the building complies with safety and planning norms. The absence of these approvals can lead to demolition or the denial of utility connections.

    10. Compliance with Inheritance and Succession Laws

    Properties acquired through inheritance must comply with succession laws under the Hindu Succession Act, 1956, the Indian Succession Act, 1925, or Muslim personal law. Buyers must verify legal heir certificates, probate of wills, or succession certificates.

    Landmark Rulings on Immovable Property

    Here are some landmark judgement related to immovable property in India.

    1. Rajeswari & Ors vs Shanmugam & Anr (2025) – Assignment of Decree

    The Supreme Court clarified that an assignment of a decree for specific performance does not require registration under the Registration Act, 1908. The court held that such decrees do not, in themselves, transfer rights in immovable property but only enforce contractual obligations. This ruling prevents unnecessary procedural hurdles and ensures the execution of decrees without invalidation due to non-registration.

    2. SC on Sale Deeds and Ownership (2025)

    In multiple rulings, the Supreme Court emphasised that mere registration of a sale deed does not confer ownership. Ownership requires a valid title and legal transfer, not just registration. The Court struck down state rules that attempted to make sub-registrars adjudicators of ownership, reiterating that registration is only evidence of a transaction, not proof of title.

    3. Blockchain in Property Transactions (2025)

    The Supreme Court, while hearing a Bihar property dispute, highlighted the need for blockchain-based land records. It criticised colonial-era laws that create a dichotomy between ownership and registration, forcing buyers to verify decades of records. The Court’s push for blockchain aims to ensure transparency, reduce fraud, and modernise India’s archaic property system.

    4. Unregistered Agreements to Sell – No Title (2025)

    The Supreme Court reaffirmed that unregistered agreements to sell, even if coupled with possession, do not convey title. Referring to Section 54 of the Transfer of Property Act, the Court held that only a registered sale deed transfers ownership. This ruling protects property owners from fraudulent claims based on possession and unregistered contracts.

    5. Suraj Lamp & Industries Pvt. Ltd. vs State of Haryana (2012)

    This landmark case held that a GPA (General Power of Attorney), a Will, or an Agreement to sell cannot transfer ownership of immovable property. The Court clarified that only a registered sale deed conveys title. This ruling dismantled widespread practices of “GPA sales” in Delhi and NCR, curbing black money transactions.

    6. Delhi Development Authority vs Skipper Construction (1996)

    The Supreme Court ruled that fraudulent diversion of funds collected for property sales amounts to breach of trust. The Court allowed piercing of the corporate veil to hold directors personally liable. This ruling is significant for immovable property law as it protects buyers from fraudulent builders and ensures accountability in real estate development.

    7. Narandas Karsondas vs S.A. Kamtam (1977)

    The Court held that a contract for sale does not itself create any interest in immovable property. It only gives the right to seek specific performance. This ruling clarified the distinction between contractual rights and proprietary rights.

    8. Kalyanpur Lime Works Ltd. vs State of Bihar (1954)

    The Supreme Court ruled that government acquisition of property must follow due process and compensation principles under Article 31 of the Constitution (before its amendment). This case established early jurisprudence on compulsory acquisition of immovable property, balancing state power with private ownership rights.

    9. Arif v. Jadunath (1931)

    This case clarified that conditional transfers must strictly follow the terms of the Transfer of Property Act. The Court held that a transfer contingent on future events cannot be treated as absolute ownership until conditions are fulfilled. This ruling remains relevant in disputes involving conditional gifts, settlements, or succession-linked transfers.

    10. Girjesh Dutt v. Datadin (1934)

    The Oudh High Court ruled that a gift subject to restrictive conditions on alienation violates principles of property law. The case involved a gift to a nephew’s child with limitations on alienation. The Court held that such restrictions are void under Section 10 of the Transfer of Property Act. This ruling shaped jurisprudence on conditional gifts and restraints on alienation.

    Conclusion

    Immovable property covers land, buildings, fixed items, and rights closely linked to land. Knowing these basics helps buyers avoid costly mistakes and legal troubles. Taxes such as TDS, capital gains, and GST on under-built properties must be checked early to plan costs effectively. It is also vital to review title papers, RERA/RERA details, authorised building approvals, and any ongoing court disputes. Clear records and proper registration give better safety and peace of mind.

    Also Read: GST on Rent in India: Key Insights for Tenants and Landlords


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    FAQS – FREQUENTLY ASKED QUESTIONS

    • Are trees and crops considered immovable property?

      Trees permanently rooted in the soil are immovable property. However, crops meant for harvesting are considered movable once severed. The classification depends on whether the item is intended to remain attached to the earth or be separated for use.

    • What laws govern immovable property in India?

      Key laws include the Transfer of Property Act, 1882, the Registration Act, 1908, and the Indian Stamp Act. These regulate ownership, transfer, registration, and taxation of immovable property, ensuring legal clarity and protection of rights.

    • What rights come with owning immovable property?

      Ownership grants rights to use, lease, mortgage, or transfer the property. Owners also enjoy benefits arising from the land, such as rental income. However, rights are subject to restrictions like zoning laws, easements, and government regulations.

    • Is registration mandatory for immovable property?

      Yes, registration of immovable property transactions is mandatory under the Registration Act, 1908. It provides legal validity, prevents disputes, and ensures transparency in ownership. Unregistered property transfers are generally unenforceable in courts.

    • Can immovable property be inherited?

      Yes, immovable property can be inherited through wills or succession laws. Legal heirs acquire ownership rights, which must be recorded through mutation and registration processes to establish a clear title.

    • Are leasehold rights immovable property?

      Yes, leasehold rights over land or buildings are treated as immovable property. Though not ownership, they grant exclusive possession and usage rights for a specified period, subject to lease terms.

    • Can immovable property be mortgaged?

      Yes, immovable property can be mortgaged to secure loans. The property serves as collateral, and lenders may enforce rights through foreclosure if repayment obligations are not met.

    • Can immovable property be jointly owned?

      Yes, immovable property can be jointly owned by two or more individuals. Co-owners share rights and responsibilities, and transfers require the consent of all parties.

    • What is the mutation of immovable property?

      Mutation is the process of updating land records to reflect ownership changes resulting from sales, inheritances, or transfers. It ensures revenue authorities recognise the new owner.

    • Are flats and apartments immovable property?

      Yes, flats and apartments are immovable property. Though part of a larger building, they are legally recognised as distinct units with ownership rights.

     

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    You shall not be entitled to avail the facilities without the use of a user name and password. You are responsible for maintaining the confidentiality of your password and Account, and you shall not allow anyone else to use your password at any time. You are fully responsible for all activities that occur using your password or Account. You are requested to please notify www.adityabirlacapital.com immediately of any unauthorized use or access of your password or Account, or any other breach of security. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

    Intellectual Property Rights

    This Website contains information, materials, including text, images, graphics, videos and sound (“Materials”), which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in these Materials are either owned by ABCL or have been licensed to Facilities Provider, ABCL / ABC Companies by the owner(s) of those rights so that it can use these Materials as part of this Website. Other than those Materials which belong to Third Parties, ABC Companies retains copyright on all Information, including text, graphics and sound and all trademarks displayed on this Website which are either owned by or licensed to by ABCL and/or used under license by ABC Companies.

    You shall not (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Materials contained in the Website. These restrictions apply in relation to all or part of the Materials on the Website; (b) copy and distribute this information on any other server or modify or re-use text or graphics on this system or another system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (c) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the web site; link to this Website; without our express written consent.

    No Warranty

    Although all efforts are made to ensure that information and content provided as part of this Website is correct at the time of inclusion on the Website, however there is no guarantee to the accuracy of the Information. This Website makes no representations or warranties as to the fairness, completeness or accuracy of Information. There is no commitment to update or correct any information that appears on the Internet or on this Website. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of this Website or the information is at your own risk. Neither ABCL and ABC Companies, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Website or the information, or any website linked to this Website.

    No Liability

    This Website is provided to you on an "as is" and "where-is" basis, without any warranty. ABCL, for itself and any ABC Companies and third party providing information, Materials (defined later), facilities, or content to this Website, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to the website, the information or any products or facilities to which the information refers. ABCL will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if ABCL has previously been advised of the possibility of such damages. Any access to information hosted on third party websites of billers/banks/merchants/ABC Companies etc. is not intended and shall not be treated as an offer to sell or the solicitation of an offer to buy any product/offering of these ABC Companies or third parties.

    The Facilities Provider or ABCL or ABC Companies shall have absolutely no liability in connection with the information and Material posted on this Website including any liability for damage to your computer hardware, data, information, materials, or business resulting from the information and/or Material or the lack of information and/or Material available on the Website. In no event shall ABCL or ABC Companies shall be liable for any for any special, incidental, consequential, exemplary or punitive damages for any loss, arising out of or in connection with (a) the use, misuse or the inability to use this Website; (b) unauthorized access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the site; or (d) any other matter whatever nature relating to this Website.

    Further, the Facilities Provider cannot always foresee or anticipate technical or other difficulties. The facilities may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other facilities interruptions. The Website does not assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

    The Facilities Provider, ABCL, ABC Companies and the providers of information shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at this Website.

    Manner of Use of Personal Information

    All Personal Information including Sensitive Personal Information provided/related to you, shall be stored/used/processed/transmitted expressly for the Purpose or facilities indicated thereon at the time of collection and in accordance with the Privacy Policy. Other than those otherwise indicated and agreed by You, this Website do not collect or store or share your Personal Information. Aditya Birla Capital is the brand and accordingly all products and facilities are provided by respective ABC Companies as applicable. Therefore, for any of these Purposes, the Website will use ABC Companies their authorized third party vendors, agents, contractors, consultants or facilities providers (individually a ‘Third Party Service Provider’ and collectively, the “Third Party Service Providers”) and to that extent you understand and authorize the Facilities Provider to share/transmit such information to Third Party Service Providers. Such sharing of information will be solely for the purpose to fulfill / complete / authenticate your specific requests/transaction execution and for providing information about any ABC Companies product or facilities or services or for data analytics or to deliver to you any administrative notices, alerts or communications relevant to your Purpose (and which may include sending promotional emails or SMS or calls or any other mode permitted under law) or to analyze the usage and improve the facilities/solutions offered or for any research or troubleshooting problems, detecting and protecting against errors or to improve features, tailor the facilities on the Website to your interests, and to get in touch with you whenever necessary.

    Except in the manner as stated in the Privacy Policy, the Website will not disclose your Personal Information with any affiliated or unaffiliated third parties,

    You may receive e-mails /communications/notifications from the Third Party Services Providers regarding facilities updates, information/promotional e-mails/SMS and/or update on new product announcements/services in such mode as permitted under law.

    Use of Website in India

    This Website is controlled and operated from India and there is no representation that the Materials/information are appropriate or will be available for use in other locations. If you use this Website from outside the India, you are entirely responsible for compliance with all applicable local laws. There is no warranty or representation that a user in one region may obtain the facilities of this website in another region.

    Information published on the Website may contain references or cross references to products, programs and facilities offered by ABC Companies/third parties that are not announced or available in your country. Such references do not imply that it is intended to announce such products, programs or facilities in your country. You may consult your local advisors for information regarding the products, programs and services that may be available to you.

    In your use of the Website, you may enter correspondence with, purchase goods and/or facilities from, or participate in promotions of advertisers or members or sponsors of the web site, including those of ABC Companies. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or facilities, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable ABC Companies and/or third parties.

    You agree that Facilities Provider / ABC Companies has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any other ABC Companies and/or third parties.

    Third party websites

    This Website may be linked to other websites (including those of ABC Companies) on the World Wide Web that are not under the control of or maintained by ABCL. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, facilities and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any facilities and/or products available through any of these websites are suitable for your purposes. The Facilities Provider or ABCL is not responsible for the owners or operators of these websites or for any goods or facilities they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).

    USE of APP

    In case any facilities/services, access/dissemination of information or execution of transaction is done through use of any APP related to ABC Companies, the additional terms and conditions governing the Use of APP shall be applicable and to be read along these Terms of Use.

    Postings and monitoring

    The Facilities Provider or ABCL or ABC Companies does not routinely monitor your postings to the Website but reserves the right to do so if deemed necessary if it is related to the facilities offered on the web site and to comply with law. However, in our efforts to promote good citizenship within the internet community, if the Facilities Provider or ABCL or ABC Companies becomes aware of inappropriate use of the Website or any of its facilities, any information, opinions, advice or offers posted by any person or entity logged in to the Website or any of its associated sites is to be construed as public conversation only, and the Facilities Provider or ABC Companies shall not be liable or responsible for such public conversation. You agree that in such cases, we will respond in any way that, in our sole discretion, as deemed appropriate. You acknowledge that Facilities Provider or ABC Companies will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ABC Companies/Facilities Provider will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

    Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Facilities Provider, ABCL / ABC Companies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

    We reserve the right to terminate access to this Website at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed Materials.

    If you come across any breaches/violation or offensive material you must report to us at abc.secretarial@adityabirla.com

    Use of Cookies

    You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.  

    Facilities Changes and Discontinuation

    The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ ABC Companies will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.

    ABCL, ABC Companies, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.

    Compliance with the Law

    You agree that you will not:

    • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.
    • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers
    • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.
    • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.
    • You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

    Restrictions on Commercial Use or Resale

    Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities. In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.

    No Endorsements

    All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.

    Promotional Offers

    You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of ABC Companies (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

    Charges for use of Website

    There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

    No Endorsement

    You are advised to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to third party web sites. The Website makes no effort to review the content of these web sites, nor is the Website or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.

    In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.

    Electronic Communications

    These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or ABC Companies with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.

    Assignment

    You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

    Legal Disclaimers

    The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.

    The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

    Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.

    No Solicitation

    No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.

    The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an  amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.

    Statutory Disclosure

    ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF.  Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.

    Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.

    Force Majeure

    The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

    Indemnification

    You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

    No Waiver

    The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

    Exclusive Agreement

    You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.

    Termination

    Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.

    Governing Law and Jurisdiction

    The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.

    These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

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