Intestate - Law Dictionary Search Results
Home Dictionary Name: intestate Page: 5Privies
Privies, those who are partakers or have an interest in any action or thing, or any relation to another. They have been said to be of six kinds:-(1) Privies in blood, such as the heir to his ancestor, or between coparceners.(2) Privies in representation, as executors or administrators to their deceased testator or intestate.(3) Privies in estate, as grantor and grantee, lessor and lessee, assignor and assignee, etc.(4) Privities, in respect of contract, are personal privities, and extend only to the persons of the lessor and lessee, or the parties to the contract or assignees upon a fresh contract or novation with the assignee.(5) Privies, in respect of estate and contract together, as where the lessee assigns his interest, but the contract between lessor and lessee continues, the lessor not having accepted the assignee in substitution.(6) Privies in law, as the lord by escheat, a tenant by the courtesy, or in dower, the incumbent of a benefice, a husband suing or defending in right of...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Real representative
Real representative. The name formerly given to a personal representative on whom real estate devolved on the death of any person between the 31st December, 1897, and the 1st January, 1926, under the provisions of the (English) Land Transfer Act, 1897.Prior to the commencement on the 1st of January, 1898, of the (English) Land Transfer Act, 1897 [see (English) TRANSFER OF LAND ACTS], the real estate of a deceased person vested in his heir, heiresses, or devisees, and his personal estate in his executors or administrators. The (English) Land Transfer act, 1897, (60 & 61 Vict. c. 65), reproduced and extended by the (English) Administration of Estates Act, 1925, established a real representative in the person of the executor or administrator of any person dying after the commencement of that Act, in whom all his real estate except copyhold was vested notwithstanding his will, unless, as in a joint tenancy, any other person had a right to take by survivorship, so that one and the same pers...
Relation
Relation, where two different times or other things are accounted as one, and by some act done the thing subsequent is said to take effect 'by relation' from the time preceding. Thus letters of administration relate back to the intestate death, and not to the time when they were granted; see Re Pryse, 1904, P. 301; Fosterv. Bates, (1843) 12 M. & W. 226. See FORFEITURE; BANKRUPTCY; TRESPASS....
Seisina facit stipitem
Seisina facit stipitem. Before the Inheritance Act 1833, the old rule of intestate succession to real estate was that descent must be traced from the person last seised, i.e., in possession. (Seisin makes the heir.) But see now the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), which enacted that descent should be traced from the last purchaser, i.e., the last person entitled who did not inherit (see PURCHASE), and the rule is still applicable in 'ascertaining the heir' under equitable limitations provided for by ss. 130, 131 and 132 of the Law of Property Act, and s. 51 of the Administration of Estates Act, 1925, and Williams on Seisin, pp. 51 et seq.(Wright, Ten. 185), the seisin makes the stock (viz., of descent)....
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)]...
Special occupancy
Special occupancy. Where an estate was before 1926 granted to a man and his heirs during the life of cestui que vie, and the grantee dies before 1926 without alienation, and while the life for which he held continued, the heir would succeed, and he was called a special occupant. See Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), ss. 3, 6; but in case of death of the tenant pur autre vie, after 1925, the equitable interest apparently devolves on the special personal representatives of the deceased, and if he dies intestate, upon trust for sale for the benefit of persons entitled under the Administration of Estates Act, 1925 (see s. 45), the old rules of descent having been abolished (see DESCENT; HEIR), and se also in the case of a limitation or trust under an instrument coming into operation after 1925 for a man and his heirs during the life of another, SHELLEY'S CASE; AUTRE VIE...
Statutory trusts
Statutory trusts. for the purposes of the (English) Law of Property Act, 1925, land held upon 'statutory trusts' shall be held upon trust for sale and to stand possessed of the net proceeds of sale after payment of costs and net rents and profits until sale subject to rates, taxes, and cost of insurance, repairs, and other outgoings, upon trust for the persons entitled under the settlement, including incumbrancers of former undivided shares, or not secured by a legal mortgage, and where an undivided share was subject to a settlement and the settlement remains subsisting in respect of other property and the trustees of the settlement are not the same persons as the trustees for sale the settled portion of the proceeds of sale is to be handed over to the settlement trustees as capital money under the (English) Settled Land Act, 1925 (s. 35 of the Law of Property Act, 1925). By s. 25, (English) L.P. Act, 1925, the trustees have power to postpone the sale unless a contrary direction appear...
Free-bench
Free-bench [sedes libera, Lat.], a widow's dower out of copyholds to which she was entitled by the custom of some manors. It is regarded as an excrescence growing out of the husband's interest, and is indeed a continuance of his estate.The term free-bench is equally applicable to the estate which, by the custom of some manors, a husband takes in his wife's copyhold lands after her death, and anciently it was indiscriminately applied to that and to the widow's dower, but now the estate of the husband is called his curtesy, while the term free-bench is confined to the widow.Since free-bench is only claimable by special custom, the estate which a widow is to take, both as to its quantity, quality, and duration, must be such as the custom prescribes. It is generally a third for her life, as at Common Law, but it is sometimes a fourth part only, and sometimes but a portion of the rent. In many manors the wife takes the whole for her life, in others she takes the inheritance.Frequently the c...
Will
Will, means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. [Indian Succession Act, 1925 (39 of 1925), s. 2 (h)]The definition of 'will' in s. 2 (h) of the Indian Succession Act 1925, would show that it is the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death, Mahalinga Thambiran Swamiga v. His Holiness Sri La Sri Kasivasi Arulnandi Thambiran Swamigal, AIR 1974 SC 199 (203): (1974) 1 SCC 150: (1974) 2 SCR 74.Will is a translation of the Latin word 'voluntas', which was a term used in the text of Roman law to express the intention of a testator. It is of significance that the abstract term has come to mean that document in which the intention is contained. The same has been the case with several other English law terms, the concrete has superseded the abstract - obligation, bond, contract, are examples (Willi...
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