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Gift Over - Law Dictionary Search Results

Home Dictionary Name: gift over

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...

over

over : based on the termination or failure of a prior estate [a limitation ] see also gift over at gift ...

Perpetuity

Perpetuity, concerns rights of property only, and does not affect the making of contracts, which do not create rights of property, Ram Baran Prasad v. Ram Mohit Hazara, AIR 1967 SC 744: (1967) 1 SCR 293.Is a future limitation, whether executory or by way of remainders, and of either real or personal property which is not to vest until after the expiration of, or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, Walsh v. Secretary of State for India, (1863) 10 HLC 367.Perpetuity, unlimited duration; exemption from intermission or ceasing, where, though all who have interest should join in a covenant, so that they could not bar or pass the estate. It is odious in law, destructive to the common wealth, and an impediment to commerce, by preventing the wholesome circulation of property.The rule against perpetuities, or the doctrine of remoteness, applies to the corpus of property whether real or personal, and whether li...

Restraint of marriage

Restraint of marriage. On the ground of public policy, conditions attached to gifts or bequests to a person who has never been married, if in general restraint of marriage, are void, i.e., the donee or legatee takes the gift or bequest whether he or she marry or not; but a condition in restraint of the second marriage, whether of a man or woman, is not void, see Allen v. Jackson, (1875) 1 Ch D 399, and a condition is good if the restraint be partial only, e.g., if there be a bequest, with a gift over if the legatee should marry a particular person, or without a particular person's consent. Consult Theobald on Wills.A condition (esp. in a gift or bequest, that nullifies the grant to which it applies of the grantee marries or remarries, Black's Law Dictionary, 7th Edn., p. 1316....

Restraint on alienation

Restraint on alienation. Although conditions in restraint of alienation of an absolute interest in possession in either real or personal property are generally void on the ground of repugnancy [see Re Dugdale, (1888) 38 Ch D 176, and RE-PUGNANT], gifts of a life estate or of income or apparently of a reversionary interest, Churchill v. Marks, (1844) 1 Coll 441, until alienation or charging, are permissible, if there is a gift over and the gift is properly expressed [see Re Mabbett, (1891) 1 Ch 707, and Trustee Act, 1925, s. 33]. A settlement upon himself by a settlor determining his estate upon bankruptcy is void. As to alienation of advowson, see Benefices Act, 1898 (61 & 62 Vict. c. 48), and ADVOWSONS. As to church property, see Halsb. Laws of England, tit. 'Ecclesiastical Law,' and as to married woman, see ANTICIPATION.A restriction, usu. in a deed of conveyance, on a grantee's ability to sell or transfer real property; a provision that conveys an interest and that, even after inter...

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...

In terrorem

In terrorem (by way of terrifying). Where a condition which the law will not carry out is attached to a gift or a legacy without a gift over, as where a legacy otherwise lawful is left so that it shall be avoided upon the happening of a condition such as disputing the will, this condition is said to be in terrorem only, and is void.In terrorem, invoking fear or terror. 'We consider (that) a therapeutic, rather than 'in terrorem' outlook should prevail in our criminal courts'. [Md. Giasuddin v. State of Andhra Pradesh, AIR 1977 SC 1926 (1929), para 9]. (Justice V.R. Krishna Iyer...

Tenants-in-common with cross remainders in tail

Tenants-in-common with cross remainders in tail. Each of the tenants-in-common takes his or her (now equitable) share in tail. On failure of his or her issue that share falls to the remaining grantees or devisees as tenants-in-common in tail. On failure of issue of any of the remaining grantees or devisees, that share goes to the then remaining tenants-in-common in tail in the same way and so on until only one line of the original grantees or devisees is left. In wills, cross remainders in tail are generally implied if there is a gift to a class as tenants-in-common in tail with a gift over, but not if the grant is by deed....

Gift-tax

Gift-tax, gift tax is to place the tax on the gift of property which may include land and buildings. It is not a tax imposed directly upon lands and buildings but is a tax upon the value of the total gifts made in a year which is above the exempted limit. There is no tax upon lands or buildings as units of taxation. Indeed the lands and buildings are valued to find out the total amount of the gift and what is taxed is the gift. The value of the lands and buildings is only the measure of the value of the gift. A gift-tax is thus not a tax on lands and buildings as such which is a tax resting upon general ownership of lands and buildings but is a levy upon a particular use, which is transmission of title by gift, Second Gift Tax Officer v. D.H. Hazareth, (1970) 1 SCC 749: AIR 1970 SC 999 (1002). (Gift Tax Act, 1958)...

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