Gift Inter Vivos - Law Dictionary Search Results
Home Dictionary Name: gift inter vivosgift inter vivos
gift inter vivos see gift ...
inter vivos
inter vivos [Late Latin] : between living persons [an inter vivos transfer] see also donation inter vivos at donation gift inter vivos at gift inter vivos trust at trust compare causa mortis ...
gift
gift 1 : an intentional and gratuitous transfer of real or personal property by a donor with legal capacity who actually or constructively delivers the property to the donee with the intent of giving up dominion over the property and investing it in the donee who accepts it ;broadly : a voluntary transfer of property without compensation see also delivery compare donation, sale class gift : a usually testamentary gift of a sum to a group of unspecified persons whose number and identity and share of the gift will be determined sometime in the future (as at the death of the donor) com·plet·ed gift : a gift in which the dominion and control of the property is placed beyond the donor's reach gift cau·sa mor·tis [-kȯ-zə-mȯr-tis, -ka-sÄ -mȯr-tēs] pl: gifts causa mortis : a gift of esp. personal property made in contemplation of impending death that is delivered with the intent that the gift take effect only in the event of the donor's...
donatio inter vivos
donatio inter vivos [Latin, literally, gift between living people] : donation inter vivos at donation ...
Gift
Gift. The old text-writers made a gift (donatio) a distinct species of deed, and describe it as a conveyance applicable to the creation of an estate-tail; while a feoffment they strictly confine to the creation of a fee simple estate. The operative verb was 'give,' which no longer implies any covenant in law (Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4), replaced by the Law of Property Act, 1925, s. 59(2), and the deed required livery of seisin. It is obsolete. See Jac. Law Dict.A gift is now understood to mean a mere voluntary assurance or transfer of property without any consideration being given for it. Such a transaction is apt to be very jealously scrutinized in a Court of Equity, and will be set aside on proof of undue influence (see that title), or of a fiduciary relationship of the donee to the donor, see Huguenin v. Baseley, (1806-8) 14 Ves 273; W. & T. L.C.; Morley v. Loughman, (1893) 1 Ch 736 (757); Lyon v. Home, (1868) LR 6 Eq 655. In the absence of any such objectio...
Donatio inter vivos
Donatio inter vivos, a gift made by some one not in prospect of death, as distinguished from donatio mortis causa (q.v.). It is constituted by an intention to give coupled with such acts as are necessary to give effect to such intention. If the donor dies within three years the subject-matter, if over 100l. in value, is generally subject to estate duty, unless given in consideration of marriage or a normal expenditure. (English) [Finance (1909-10) Act, 1910, s. 59)....
Inter-vivos
Inter-vivos, the words 'inter vivos' in the context of s. 394 of the Companies Act would include within their meaning also a transfer between two 'juristic persons' or a transfer to which a 'juristic person' is one of the parties. Where any property passes by conveyance, the transaction would be said to be inter vivos as distinguished from a case of succession or devise, Hindustan Lever v. State of Maharashtra, (2004) 9 SCC 438 (460), Companies Act s. 394. (Transfer of Property Act, 1882, s. 5)Means 'between the living from one living person to another. Where property passes by conveyance, the transaction is said to be inter vivos, to distinguish it from a case of succession or devise, Saroj Rani v. State of Punjab, (1999) 6 SCC 632....
donation inter vivos
donation inter vivos see donation ...
inter vivos trust
inter vivos trust see trust ...
Accounts duties
Accounts duties. Duties first made payable by the (English) Customs & Inland Revenue Act, 1881 (44 & 45 Vict. C. 12), s. 38, at the same rates as the Probate Duties, upon a donatio mortis causa (q.v.); upon the gift inter vivos of a donor dying within three months; on joint property voluntarily so created and taken by survivorship; and on property taken under a voluntary settlement in which the settlor had reserved a life interest. These duties were in name superseded by the 'Estate Duty' imposed by the (English) Finance Act, 1894 (57 & 58 Vict. C. 30), the property chargeable under the (English) Customs & Inland Revenue Act, 1881, s. 38, being included in the classes of property deemed by the (English) Finance Act, 1894, to 'pass' by death and thus chargeable with the new 'Estate Duty' and the original provisions affecting gifts inter vivos, voluntary settlements, etc., have been considerably amended by subsequent legislation. See ESTATE DUTY....
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