Lineal - Law Dictionary Search Results
Home Dictionary Name: lineal Page: 2Sapinda
Sapinda, (i) sapinda relationship, with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.(ii) two persons are said to be 'sapindas' of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them. [Hindu Marriage Act, 1955, s. 3 (f)]The expression 'sapinda' is peculiar to traditional Hindu Law and it would be altogether inapposite in the context of citizens of Muslim or Christian faith, Jagat Singh v. Karan Singh, AIR 1987 SC 1279 (1280): (1981) 2 SCC 349. [Tehri Garhwal Bhumi Sambhandi Adikar Niyam, s. 6(4)]...
Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
Collateral
Collateral, indirect, sideways, that which hangs by the side; applied in several ways, thus:--collateral assurance, that which is made over and above the deed itself; collateral consanguinity or kindred, which descend from the same stock or ancestor as the lineal relation, but do not descend one from the other, as the issue of two sons; collateral issue, where a criminal convict pleads any matter allowed by law, in bar of execution, as pregnancy, pardon, an act of grace, or diversity of person, viz., that he or she is not the same that was attained, etc., the issue upon which when taken is tried by a jury instanter; collateral security, where a deed is made of other property, besides that already mortgaged, for the better safety of the mortgagee (see Re Athill, (1880) 16 Ch D 211) or a bill of exchange given, or pledge deposited to secure a pre-existing debt; and collateral contract, where a contract by word of mouth co-exists [see e.g., Morgan v. Griffiths, (1871) LR 6 Ex 70; De Lassa...
Conditional fee
Conditional fee. This species of formerly inheritable freehold (now, equitable interest, except under (English) Law of Property Act, 1925, s. 8) is marked, as to its duration or time of continuance, by an event beyond which it is not to endure. The event is the qualification which gives a name to this estate, and ascertains its determination. A fee qualified is frequently called a fee base, i.e., impure, defective, and circumscribed. There is hardly any event, provided it be lawful, and do not violate the rule against perpetuity, which may not be made the cause of the determination of this fee.The following events are specimens of qualifications, which may be expressly annexed to this estate.A limitation to A. and his heirs--(1) Peers of the realm;(2) Lords of the manor of Blackacre;(3) Tenants of the manor of Dale;(4) During the time whilst a particular tree shall stand;(5) Till the marriage of a certain person takes place;(6) Till certain debts be paid;(7) Till default be made in pay...
Distribution, Statute of
Distribution, Statute of (22 & 23 Car. 2, c. 10), now only applied to intestacies prior to 1926, repealed by (English) Administration of Estates Act, 1925 (see WIDOW), explained by the Statute of Frauds, 29 Car. 2, c. 3, enacts that the surplusage of intestates' personal estate (except of femes covert, the administration and enjoyment of whose estates belonged, at Common Law, to their husbands-but see MARRIED WOMEN'S PROPERTY) shall, after the expiration of one year from the death of the intestate, be distributed in the following manner: one-third shall go to the widow of the intestate, and the residue in equal proportions to his children, or, if dead, to their representatives, that is, their lineal descendants; if there be no children or legal representative subsisting ,then a moiety shall go to the widow, and a moiety to the next of kindred in equal degree, and their representatives; if no widow, the whole shall go to the children; if neither widow nor children, the whole shall be di...
Saunkefin
Saunkefin, the determination of the lineal race; a descent of kindred, Brit. c. 119.End of Blood; the failure of a line of succession, Black's Law Dictionary, 7th Edn., p. 1344....
Garter
Garter. The Order of the Garter, constituted by King Edward III. About 1348, has since June 28, 1831, consisted of the Sovereign and twenty-five Knight Companions, such lineal descendants of King George I. as may have been elected, and of Sovereigns and extra Knights who have been admitted by special statutes. The Prince of Wales is a constituent part of the original institution, The Habit and Ensigns of the Order comprise (inter alia) (1) a garter of dark blue velvet edged with gold bearing the motto Honi soit qui mal y pense, in gold letters with buckle and pendant of gold richly chased. It is worn on the left leg, below the knee; (2) a collar of gold; (3) the Lesser George or Badge; and (4) a Star of eight points of silver. At death the Badge and Star are delivered up to His Majesty by the knight's nearest male relative, the Collar and Garter being returned to the Central Chancery. The Chappel of St. George, Windsor Castle, is the Chapel of the Order, Debrett's Peerage....
In the son or daughter of such a female
In the son or daughter of such a female, even in the absence of the words which were inserted by the Amendment Act of 1964 in s. 15(2)(b) the only possible interpretation and meaning of the words 'in the son or daughter of such female' could have reference to and cover the son or daughter of the husband of the female. The entire scheme of sub-s. (2) of s. 15 is that the right of pre-emption has been confined to the issues of the last male holder from whom the property which has been sold came by inheritance. Looking at clause (a) of sub-s. (2) where the property which has been sold has come to the female from her father or brother by succession the right of pre-emption has been given to her brother or brother's son. If the son or daughter of the female who has sold the property could refer to her son or daughter from a husband other than the one from whom the property devolved on her, it would be contrary to the scheme and purpose of sub-s. (2) which essentially is to vest the right of...
Kin or Kindred
Kin or Kindred [fr. cynren, Sax.], relation by blood.There are two degrees of kindred: the one in the lineal or direct line ascending or descending, and the other in the collateral or indirect line.The right of representation of kindred for the purposes of distribution of personalty, in the descending line, reaches beyond the great-grandchildren of the same parents; but in the collateral line it was not allowed to reach beyond brothers' and sisters' children under the Statutes of Distribution, but now the right is conferred on the issue of any person entitled to succession upon intestacy of person dying after 1925 (except parents or grand-parents) under the (English) Statutory Trusts, s. 47, (English) Administration of Estates Act, 1925....
Naslan bad naslan
Naslan bad naslan, the expression means heritable and heritable only by the lineal male descendants - It also means heritable and alienable estate, Bajrang Bahadur Singh v. B. Kher, AIR 1953 SC 7....
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