Assignment Of Dower - Law Dictionary Search Results
Home Dictionary Name: assignment of dowerAssignment of dower
Assignment of dower, the ascertaining and setting out by metes and bounds of a widow's portion of her deceased husband's realty for her thirds or dower. As to the rights of the widow until 1926, see Williams v. Thomas, (1909) 1 Ch 713, and as to the widow's rights where dower has been assigned by metes and bounds, see (English) Settled Land Act, 1925, ss. 1(1)(3) and 19(1). Dower in respect of the real estate of persons dying after 1925 has been abolished, see s. 45 of the (English) A. E. Act, 1925. See DOWER....
Dower
Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...
Dower unde nihil habet, writ of
Dower unde nihil habet, writ of, the remedy for a widow to whom no dower had been assigned within the time limited by law, 3 Bl. Com. 183. Abolished by (English) C.L.P. Act, 1860, s. 26....
Mahr (dower)
Mahr (dower), Mahr (dower) is neither dowry nor price for marriage: As explained in an old judgment by Justice Syed Mahmood, maher is 'not the exchange or consideration given by the man to the woman, but an effect of the contract imposed by law on the husband as a token of respect for its subject: the Woman'. Giving a correct appraisal of the concept of maher, the Privy Council once described it as 'an essential incident to the status of marriage'. On another occasion it explained that maher was a 'legal responsibility' of the husband. These judicial observations evidence a correct understanding of the Islamic legal concept of maher. Its substitute, a valid retirement, or by death, which by terminating the marriage, puts an end to all the contingencies to which it is exposed; and on the other hand the woman becomes entitled to it as soon as she has surrendered her person. Justice Mahmood has described the nature of mahr in Abdul Kadir Salima. According to him: Dower (mahr), under the M...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
assignment
assignment 1 : the act of assigning 2 a : a position, post, or office to which one is assigned b : a task assigned 3 : a present transfer of property or rights absolute assignment : an assignment in which the transfer is complete and leaves the assignor with no interest in the property or right transferred assignment for the benefit of creditors : assignment of property by a debtor to an assignee to be held in trust and used to pay off the debtor's debts assignment of income : an assignment by one taxpayer to another of income for the purpose of avoiding taxes assignment of lease : an assignment by a tenant of all of his or her remaining rights in a property under a lease compare sublease effective assignment : an assignment by which the assignor's interest in the property or right being assigned is terminated and transferred to the assignee equitable assignment : an assignment (as of property in which one has a future interest) that is not valid at law but that would be u...
Assignment
Assignment, 'assignment' means an assignment in writing by act of the parties concerned. [Semiconductor Integrated Circuits Layout-Design Act, (37 of 2000), s. 2(b)]'Assignment' means the transfer of the claim, right or property to another, C.G.T. v. Ms Getti Chettiar, (1971) 2 SCC 741: AIR 1971 SC 2410 (2413). [Gift-tax Act, 1958 s. 2(XXIV)]A transfer of an estate or interest in property. The usual operative verb is 'assign,' but any other word indicating an intention to make a complete transfer, e.g., 'convey,' will amount to an assignment.Assignment by Lessor or Lessee, Effect of. A lessor, notwithstanding assignment of his reversion, continues liable to his lessee on covenants running with the land, Stuart v. Joy, 1904 (1) KB 362, and so does a lessee to his lessor, notwithstanding assignment of his term, Barnard v. Godscall, (1613) Cro. Jac. 309. The assignee of a term is liable equally with the lessee (though the lessor cannot recover against both) during his possession, but unle...
Ad ostium ecclesi', Dower
Ad ostium ecclesi', Dower. Where a tenant in fee-simple of full age, openly 'at the door of the church' (where all marriages were formerly celebrated) after affiance made and troth plighted between them, endowed his wife with the whole or such quantity of his land as he pleased, specifying and ascertaining the same, the wife, after her husband's death, might have entered without further ceremony. Abolished by the (English) Dower Act, 1833 (3 & 4 Will. 4, c. 105, s. 13)....
Dower, writ of right of
Dower, writ of right of, the remedy for a widow who had been deforced of part of her dower. Abolished by (English) C.L.P. Act, 1860, s. 26....
Assign
Assign, variously applied; generally to transfer property, especially personal estate, or set over a right to another, or appoint a deputy; to set forth, as to assign error, false judgment; to new assign was, under the old practice, a pleading by the plaintiff following the defendant's plea wherein the plaintiff pointed out the exact grievance meant to be complained of in his declaration, and not met by the defendant in his plea. The Judges are said to be assigned to take assizes. See ASSIGNMENT....
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