Owner - Law Dictionary Search Results
Home Dictionary Name: ownerowner
owner : one with an interest in and often dominion over property: as a : legal owner in this entry b : one with the right to exclusive use, control, or possession of property c : a purchaser under a contract for the sale of real property see also equitable owner in this entry beneficial owner 1 : one holding a beneficial interest in a trust compare beneficial interest at interest 2 : one enjoying the benefit of property of which another is the legal owner [was the beneficial owner of property held by the parent corporation] 3 : one who has or shares the power to control the voting or investment of stock [was considered the beneficial owner of stock held by her minor children] equitable owner : one (as a beneficiary of a trust) who is considered to have rights or obligations of an owner regardless of legal title on the ground of equity [do not have legal title but, upon execution of the contract, they became equitable owners and have power to sue to protect their land "Desse...
Owner
Owner, for the purposes of the Public Health Act, 1936, s. 343, replacing s. 4 of the Public Health Act, 1875, the Factory and Workshop Act, 1901, and the London Building Acts (Amendment) Act (5 Edw. 7, c. ccix.), 'the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee, or who would so receive the same if the same were let at a rack-rent' (see that title), and Kensington Corporation v. Allen, (1926) 1 KB 576.In relation to an industrial undertaking, means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (f)]In relation to an undertaking, means an individual Hindu undi...
Co-owner
Co-owner, has no land on which he could erect a homestead, has preposterous legal implication, Satwant Singh Sodhi v. State of Punjab, (1999) 3 SCC 482.Co-owner, a co-owner is as much an owner of the entire property as any sole owner of a property is, Sri Ram Pasricha v. Jagannath, (1977) 1 SCR 395: (1976) 4 SCC 184: AIR 1976 SC 2335.A co-owner is as much an owner of the entire property as any sole owner of the property is: Jurisprudentially, it is not correct to say that a co-owner of property is not its owner. He owns every part of the composite property along with others and it cannot be said that he is only a part owner or a fractional owner of the property, Kanta Goel v. B.P. Pathak, (1977) 3 SCR 412: (1977) 2 SCC 814: AIR 1977 SC 1599....
Owner (Estate Owner)
Owner (Estate Owner), defined by s. 205 (1)(ix.), Law of Property Act, 1925, as 'the owner of a legal estate, but an infant is not capable of being an estate owner.' Estate owners for the purposes of the land legislation of 1925 include an owner of full age (including a corporation) who is the person designated by the land legislation of 1925 as the person having the power to give a legal title to the whole of the estate (see LEGAL ESTATE) for the purposes of sale, mortgage, lease or otherwise. This includes the absolute beneficial owner, tenants for life, statutory owners (q.v.), trustees for sale, and personal representatives and mortgagees in exercise of their paramount powers. The legal title so disposed of is subject to all such equities, liabilities and charges and obligations (if any) attaching to the estate as may be binding on the transferee and the estate after it has been disposed of under the provisions of the Acts....
Reputed owner
Reputed owner, one who has, to all appearances, the right and actual possession of property. By the Bankruptcy Act, 1914, s. 38-an enactment which repeats with little variation the successive enactments on the subject dating from the reign of James I, it is provided that all goods being at the commencement of the bankruptcy in the possession, order, or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is reputed owner thereof, pass to his trustee. As to the conduct of the owner, see Simeons v. Durand, (1928) 2 KB 66, and see Law of Distress Amendment Act, 1908, s. 4, enabling a landlord to distrain on goods comprised in any bill of sale, hire-purchase agreement, or settlement made by a tenant or on goods in the possession, order and disposition of such tenant by the consent and permission of the true owner under such circumstances that such tenant is the owner thereof. See HIRE-PURCHASE....
Adjoining owner
Adjoining owner. An adjoining owner has a common law right to the support necessary to sustain his own land in its natural unincumbered state, Brown v. Robins (1859) 4 H. & N. 186; but only obtains a right to support for buildings by grant, express or implied, or by prescription (20 years); see Angus v. Dalton, (1881) 6 App. Cas. 740.By the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), upon the sale of superfluous lands (s. 127) adjoining owners have a right of pre-emption (s. 128).By the London Building Act, 1930 (21 Geo. 5, c. clviii.), s. 5, the expression 'adjoining owner' means the owner or one of the owners, and 'adjoining occupier' means the occupier or one of the occupiers of land, buildings, storeys or rooms adjoining those of the building owner; see Crosby v. Alhambra Co., (1907) 1 Ch 295. See ACCESS; PARTY-WALLS....
Part-owners, or co-owners
Part-owners, or co-owners, joint owners, or tenants in common, who have a distinct, or at least an independent, although an undivided, interest in the property. If the property is in land, by the (English) Law of Property Act, 1925, s. 1 (6), a legal estate is not capable of subsisting or of being created in an undivided share in land and the beneficial interest in the property is merely equitable [ibid., sub-s. (3)] See, further, UNDIVIDED SHARES. Neither of them can transfer or dispose of the whole property, or act for the others as partners can in relation thereto; each can merely deal with his own share, and to the extent of his own several right and interest. It is an entirely different relation from partnership.Part-owners of ships are tenants in common, with distinct and undivided interest, and each is the agent of the others, as to the ordinary repairs, employment, and business of the ship, in the absence of any known dissent. The property in a ship, is by s. 5 of the (English)...
Borne by the owner
Borne by the owner, the amount of tax which the owner is liable to discharge as stated in the proviso to s. 23(1) of the Act, i.e., the liability to pay tax imposed by the local authority which the owner is liable to discharge and not the actual sum paid by him in discharge of that liability, CIT v. Dalhousie Properties Ltd., (1984) 4 SCC 388: AIR 1987 SC 1867 (1868): (1985) 1 SCR 613. [Income Tax Act (43 of 1961) s. 23 (1)]...
Estate owner
Estate owner. Under the Law of Properties Act, 1925, ss. 1(4) and 205(v.), means the owner of a legal estate (q.v.) in land, but an infant is not capable of being an estate owner. Estate owners include the owners of any legal estate such as tenants in fee simple, lessees, mortgagees having a legal estate, trustees for sale, tenants for life, if of full age, including statutory owners and all persons having the powers of a tenant for life under S.L. Act, 1925, s. 20, personal representatives until they have conveyed the legal estate (Re Bridgett and Hayes, 1928 Ch 163), statutory owners (q.v.). See INFANT; LEGAL ESTATE....
Limited owner
Limited owner. A tenant for life, in tail or by the courtesy, or other person not having a fee-simple in his absolute disposition. The legal estates of limited owners were reduced to equitable interests after 1925 by the (English) Law of Property Act, 1925, ss. 1 and 4. See SETTLED LAND.Limited owner commonly means a person with restricted rights as opposed to full owner with absolute rights. In relation to property absolute, complete or full ownership comprises various constituents such as the right to possess, actual or constructive, power to enjoy, that is to determine manner of use extending even to destroying, right to alienate, transfer or dispose of etc. Any restriction or limitation on exercise of these rights may result in limited or qualified ownership, Kalawatibai v. Soiryabai, AIR 1991 SC 1581 (1589): (1991) 3 SCC 410....
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