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Seisina Facit Stipitem

Legal definition for Indian law research

Definition

Seisina facit stipitem. Before the Inheritance Act 1833, the old rule of intestate succession to real estate was that descent must be traced from the person last seised, i.e., in possession. (Seisin makes the heir.) But see now the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), which enacted that descent should be traced from the last purchaser, i.e., the last person entitled who did not inherit (see PURCHASE), and the rule is still applicable in 'ascertaining the heir' under equitable limitations provided for by ss. 130, 131 and 132 of the Law of Property Act, and s. 51 of the Administration of Estates Act, 1925, and Williams on Seisin, pp. 51 et seq.

(Wright, Ten. 185), the seisin makes the stock (viz., of descent).

Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.

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