Dying Intestate - Law Dictionary Search Results
Home Dictionary Name: dying intestateDying intestate
Dying intestate, a person dies intestate either not having made any Will or having made an invalid Will, Manshan v. Tej Ram AIR 1980 SC 558: (1980) Supp SCC 367....
Hindu male dying intestate
Hindu male dying intestate, The expression merely means 'in the case of intestacy of a Hindu male', Fateh Bibi v. Charan Dass, AIR 1970 SC 789 (794): (1970) 1 SCC 658. [Hindu Law of Inheritance (Amendment) Act, 1929 Preamble]...
Intestates Estates Act, 1890 (English)
Intestates Estates Act, 1890 (English) (53 & 54 Vict. c. 29), repealed and not re-enacted by the A.E. Act, 1925, in the case of persons dying intestate after 1925. See WIDOW. By the Act of 1890 the real and personal estate of every man dying wholly intestate after September 1, 1890, leaving a widow but no issue, is directed to belong to his widow if the net value should not exceed 500l., while if it should exceed 500l. the widow obtains 500l and a charge upon the whole of the estate for that term, in addition to her interest and share in the remainder of the estate, 'with interest thereon from the date of the death of the intestate, at 4 per cent. per annum until payment.' As to the meaning of 'intestate,' see Re Cuffe, (1908) 2 Ch 500.As to Scotland, see the Intestate Husband's Estate (Scotland) Act, 1911 (1 & 2 Geo. 5, c. 10), as amended by 9 & 10 Geo. 5, c. 9, which is framed on the lines of the English statute...
Widow
Widow, a woman whose husband is dead and who has not remarried, Black's Law Dictionary, 7th Edn., p. 1592.A widow is entitled equally with next of kin to administration of her deceased husband's estate subject to the discretion of the Court [see In the Estate of Paine, A.J., (1916) 115 LT 935]In regard to deaths after 1925, by the Administration of Estates Act, 1925, s. 46:-(1) The residuary (real and personal) estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this s., namely:-(i) If the intestate leaves a husband or wife (with or without issue) the surviving husband or wife shall take the personal chattels (q.v.) absolutely and in addition the residuary estate of the intestate shall stand charged with the payment of a net sum of 1000l. free of death duties and costs to the surviving husband or wife (with interest from date of death at 5 per cent. per annum until paid or appropriated and subject thereto as provided).(a) If the intestate lea...
Administrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
intestacy
intestacy pl: -cies 1 : the state of dying intestate : an intestate state or condition [the invalidation of the will resulted in her ] 2 : intestate succession at succession [wills should be construed to avoid whenever possible "Smith v. Estate of Peters, 741 P.2d 1172 (1987)"] [ the remaining property passed by to the heirs] ...
Inheritance
Inheritance, or hereditary succession, is the title whereby a man, on the death of his ancestor, acquires his estate by right of representation as his heir t law.The 'canons of inheritance' are the rules directing the descent of real property throughout the lineal and collateral consanguinity of the owner dying intestate.These rules have been abolished in the case of deaths after January 1st, 1926, with a few exceptions (see HEIR), by the (English) Administration of Estates Act, 1925, s. 51, but they still affect the devolution before 1926 of all titles to estates of inheritance.Inheritance Act.--The Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), materially altered the old canons of real property descent, but because the Act does not extend to any descent which took place on the death of any person who died before the 1st of January, 1834, it is deemed expedient to give both old and new:-Old Canons.--The old Canons, which obtain in cases of ancestors dying before the 1st of January, 1834...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
Sons
Sons, the word 'sons' in clause (a) of s. 15(1) of Hindu Succession Act, 1956 does not include step-sons, that is, sons of the husband of a females dying intestate by another wife, Lachman Singh v. Kirpa Singh, AIR 1987 SC 1616 (1619): (1987) 2 SCC 547: (1987) 2 SCR 933. [Hindu Succession Act, 1956, s. 15(1)(a)]...
Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
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