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Home Dictionary Name: myMy 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]...
My
Of or belonging to me used always attributively as my body my book mine is used in the predicate as the book is mine See Mine...
Per my et per tout
Per my et per tout (not of any part but of the whole). Et sic totum tenet et nihil tenet, scil, totum conjunctim et nihil per se separatum; see Myrray v. Hall, (1849) 7 CB 455. Joint tenants, by reason of the combination of entirety of interest with the power of transferring in equal shares, are said to be seised per my et per tout. 'And this,' says Littleton, 'is as much as to say, as he is seised by every parcell and by the whole, etc.'; see Co. Litt. 186 a. If any joint tenant severs by alienating his share he destroys the joint tenancy in that share and the grantee obtains no joint tenancy. See JOINT TENANTS; ENTIRETIES....
Shall vest in my wife with power of alienation
Shall vest in my wife with power of alienation, the expression 'shall vest in my wife with power of alienation' means the testator intended to confer an absolute and not limited interest in the property, Gopala Menon v. Sivaraman Nair, AIR 1979 SC 1345: (1981) 3 SCC 586....
Under my hand
Under my hand, means a document signed by me which is defective either in form or expression, or in solemnities of authentication, or in both, Waterson's Trustees v. St. Giles Boy's Club, 1943 SC 369....
Damnum absque injuria
Damnum absque injuria, means if the law gives no remedy, there is 'damnum absque injuria' or damage without the right to recompense, Halsbury's Laws of England 12(1), para 802, p. 264.Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he please...
Damnum absque injuri'
Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he pleases, so long as he does not trespass, though his doing so after the twenty years would be actionable by virtue of the Prescription Act. See PRESCRIP-TION and UBI JUS, IBI REMEDIUM....
Void
Void, 'the erosion of the distinction between juris-dictional errors and non-jurisdictional errors has, correspondingly eroded the distinction between void and voidable decision. The courts have become increasingly impatient with the distinction, to the extent that (1) All official decisions are presumed to be valid until set aside or otherwise held to be invalid by a court of competent jurisdiction', Judicial Review of Administrative Action, De Smith, Woolf and Jowell, 1995 Edn., p. 259-60.Void, denotes 'if an act or decision, or an order or other instrument is invalid, it should, in principal be null and void for all purposes; and it has been said that there are no degrees of nullity. Even though such an act is wrong and lacking in jurisdiction, however, it subsists and remains fullyeffective unless and until it is set aside by a court of competent jurisdiction. Until its validity is challenged, its legality is preserved', Halsbury's Laws of England, 4th Edn., (Re-issue), Vol. 1(1), ...
commute
commute com·mut·ed com·mut·ing 1 : to convert (as a payment) into another form 2 : to change (a penalty) to one less severe esp. out of clemency compare pardon com·mu·ta·tion [kÄ -myə-tā-shən] n com·mu·ta·tive [kə-myü-tə-tiv, kÄ -myə-tā-tiv] adj ...
give
give gave giv·en giv·ing 1 a : to make a gift of [I the remainder of my estate to my wife] compare convey, sell b : to grant or bestow by formal action [the law s citizens the right to vote] 2 a : to transfer from one's authority or custody [the sheriff gave the prisoner to the warden] b : to execute and deliver [all officers must bond] c : to communicate or impart to another [failed to adequate notice] d : to offer or submit for the consideration of another [ testimony in court] 3 : to yield possession of by way of exchange [will top dollar for your used car] 4 a : to impose as punishment b : to award by formal verdict [judgment was given against the plaintiff] giv·er n ...
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