Heirs - Law Dictionary Search Results
Home Dictionary Name: heirsheir
heir : one who inherits or is entitled to succeed to the possession of property after the death of its owner: as a : one who by operation of law inherits the property and esp. the real property of a person who dies without leaving a valid will used in jurisdictions whose law is based on English common law called also heir at law heir general legal heir compare issue b in the civil law of Louisiana : one who succeeds to the estate of a person by will or esp. by operation of law see also intestacy, unworthy compare ancestor, devisee, legatee, next of kin, successor apparent heir : heir apparent in this entry beneficiary heir in the civil law of Louisiana : an heir who exercises the benefit of inventory which limits the amount of his or her liability for the decedent's debts bod·i·ly heir : heir of the body in this entry forced heir : an heir who cannot be disinherited except for causes recognized by law ;esp in the civil law of Louisiana : an heir who because of yo...
Heir
Heir [fr. heire, Old Fr.; h'res, Lat.], a person who succeeds by descent to an estate of inheritance. It is nomen collectivum, and extends to all heirs; and under heirs, the heirs of heirs are comprehended in infinitum.A person who, under the laws of intestacy, is entitled to receive an intestate decedents property, esp. real property, Black's Law Dictionary, 7th Edn., p. 727.The (English) Admin. Of Estates Act, 1925, s. 45, having abolished all modes of descent of real property obtaining before 1st January, 1926, in regard to deaths taking place after 1925, except in a few cases (see DESCENT and DEVOLUTION), the importance of the 'heir' had diminished but the following note has been retained since the word 'heir' will be construed according to its meaning under the general law in force before 1926, in deeds and wills executed after 1925, under which the 'heir' may become entitled to an equitable interest in personality and realty corresponding to a real estate by purchase under the ol...
Expectant heir
Expectant heir. A person to whom property will accrue on the death of another person. expectant heirs wishing to anticipate this property have frequently borrowed money, to be repaid when the expected property shall devolve upon them. From the uncertainty of this period, the unsoundness of the security which the expectant heir can offer, and from the pressing character of his immediate necessities, the rate of interest is necessarily higher than that upon an ordinary loan, and is frequently very much higher than the risk run by the lender requires. At Common Law all such loans are good, and the interest upon them, however high, recoverable. By the Usury Acts, indeed-which, however, did not apply to loans to expectant heirs with any greater rigour than to loans to other persons'they were for a long period of yeas subject to the restriction that only a fixed maximum rate of interest could be exacted, but the Usury Acts were repealed in 1854 by 17 & 18 Vict. c. 90. See USURY.From very ear...
My heirs
My heirs, the word 'heirs' as referred in Angurbala Mullick v. Debabrata Mullick, AIR 1951 SC 293 (300), cannot normally be limited to 'issues' only. It must mean all persons who are entitled to the property of another under the law of inheritance. The expression 'my heirs' has to be construed as equivalent to 'my legal heirs', N. Krishnammal v. R. Ekambaram, AIR 1979 SC 1298 (1301). [Indian Succession Act (39 of 1925), ss. 74, 93]...
Heirs
Heirs, legal terms such as 'heirs', used in a Will must be construed in the legal sense, unless a contrary intention is clearly expressed by the testator. The word 'heirs', as pointed out by this Court in Angurbala Mullick v. Debabrata Mullick, 1951 SCR 1125 (1144): AIR 1951 SC 293: 1951 SCJ 394, cannot normally be limited to 'issues' only. It must mean all persons who are entitled to the property of another under the law of inheritance, N. Krishnammal v. R. Ekambaram, AIR 1979 SC 1298 (1301): (1979) 3 SCC 273: (1979) 3 SCR 700....
Heirs and children used in same instrument
Heirs and children used in same instrument, means where said words are used in same instrument in speaking of the same persons, the word heirs to be construed to mean 'children'. Such usage being treated as sufficient evidence of intention to use the word 'heirs' in sense of 'children', Beuj Berry Apartment Pvt. Ltd. v. Shobha, (2006) 9 JT 404: (2006) 10 SCALE 596: (2006) 8 SLT 241....
Joint-heir
Joint-heir, a co-heir. See (English) Law of Property Act, 1932, as to equitable interests of joint heirs in tail....
Presumptive heir
Presumptive heir, one who, if the ancestor should die immediately, would be his heir: but whose right of inheritance may be defeated by the contingency of some nearer heir being born....
apparent heir
apparent heir see heir ...
beneficiary heir
beneficiary heir see heir ...
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