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Lineal Descendant - Law Dictionary Search Results

Home Dictionary Name: lineal descendant

Lineal descendant

Lineal descendant, Lineal descendant would mean the offspring of lawful marriage and not offspring of union which is not that of husband and wife. The plain meaning of lineal descendant is one who is in the blood stream of the ancestral such as child or grandchild of the remotest degree. There cannot be any other meaning of this word, Sunderlal Chourasiya v. Jejila Chourasiya, AIR 2004 MP 138. [see Hindu Succession Act 30 of 1956, s. 8; Succession Act 39 of 1925, ss. 107, 109]The term 'lineal descendants' is not restricted to male descendants. But is wide enough to include all descendants, male and female, Bhimnath Missir v. Sm. Tara Dai, AIR 1929 PC 162.The terms 'lineal consanguinity' and 'lineal descent' have been defined in Whartoris Law Lenicon, 14th Edn., Second India Reprint 1994 as: 'Lineal Consanguinity, that relationship which subsists between persons descended in a right line, as grandfather, father, son, grandson. Lineal Descent, the descent of an estate from ancestor to he...


Lineal consanguinity

Lineal consanguinity, that relationship which subsists between persons descended in a right line, as grandfather, father, son, grandson.(1) Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line; or between a man and his son, grandson, great-grandson and so downwards in the direct descending line.(2) Every generation constitutes a degree, either ascending or descending.(3) A person's father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third degree, and so on. (Succession Act, 1925, s. 25)...


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...


Consanguinity, or kindred

Consanguinity, or kindred, the connection or rela-tion of persons descended from the same stock or common ancestor. It is either lineal or collateral. Lineal is that which subsists between persons, of whom one is descended in a direct line from the other, as between son, father, grandfather, great grandfather, and so upwards in the direct ascending line; or between son, grandson, great-grandson, and so downwards in the direct descending line. Collateral agree with the lineal in this, that they descend from the same stock or ancestor, but differ in this, that they do not descend one from the other. See MARRIAGE (Prohibited Degrees)....


Lineal

Descending in a direct line from an ancestor hereditary derived from ancestors opposed to collateral as a lineal descent or a lineal descendant...


Succession duties

Succession duties. The (English) Succession Duty Act, 1853, amended by 22 & 23 Vict. c. 21, ss. 12-15, and by the Customs and Inland Revenue Acts, 1881, 1888, and 1889, imposed a new set of duties, varying in amount from 1 per cent. in the case of a child succeeding a parent to 10 per cent. in the case of succession to a stranger in blood, upon real or personal property to which any person succeeds on the death of another. The duty is calculated on the capitalized value for the life of the successor of the property succeeded to, in accordance with a table schedule to the Act of 1853; e.g., if a person aged fifty succeed to property worth 100l. a year, he pays succession duty upon 1242l. 19s. 6d.Succession duties are payable as a rule at the same rate as legacy duty in respect of all property liable to be administered by any Court in Great Britain and Northern Ireland--unlike legacy duty, it falls on property passing by death (succession), under disposition by deed or other instrument (...


Lineally

In a lineal manner as the prince is lineally descended from the Conqueror...


fee

fee [Middle English, fief, from Old French fé fief, ultimately from a Germanic word akin to Old High German fehu cattle] 1 : an inheritable freehold estate in real property ;esp : fee simple compare leasehold life estate at estate absolute fee : a fee granted with no restrictions or limitations on alienability : fee simple absolute at fee simple conditional fee : a fee that is subject to a condition: as a : fee simple conditional at fee simple b : fee simple on condition subsequent at fee simple defeasible fee : a fee that is subject to terminating or being terminated determinable fee : a defeasible fee that terminates automatically upon the occurrence of a specified event : fee simple determinable at fee simple fee patent : a fee simple absolute that is granted by a patent from the U.S. government ;also : a patent that grants a fee simple absolute [the land shall have the same status as though such fee patent had never been issued "U.S. Code"] NOTE: Allotm...


fee simple

fee simple pl: fees simple [simple without limitation (as to heirs) and unrestricted (as to transfer of ownership)] : a fee that is alienable (as by deed, will, or intestacy) and of potentially indefinite duration ;esp : fee simple absolute in this entry fee simple absolute : a fee that is freely inheritable and alienable without any limitations or restrictions on transfers and that is of indefinite duration NOTE: A fee simple absolute is conveyed by language granting the estate “to the grantee and his or her heirs,” “to the grantee, his heirs and assigns,” or “to the grantee.” The term heirs is considered in this context a word of limitation, and so this does not create a future interest in the estate in the heirs but simply makes the estate freely alienable. fee simple conditional : a fee granted to an individual and to that individual's descendants which is subject to a reversion or remainder if the grantee has no lineal descendants but wh...


heir

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...


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