Property Interest - Law Dictionary Search Results
Home Dictionary Name: property interest Page 1 of about 305 results (0.004 seconds)Partition
Partition, is mitakshara 'partition' may be only severance of the joint status of the members of the coparcenary, that it to say, what was once a joint title has become a divided title though there has been no division of any properties by metes and bounds, Nani Bali v. Gita Bai Kom Rama Gunge, AIR 1958 SC 706. See also Jalaja Shethi v. Lakshmi Jalaja Shethi, AIR 1973 SC 2658.Includes both division of states as well as division of meats and bounds, Sundara v. Girija, AIR 1962 Mys 72.Is the determination of shares of the coparceners in the joint family. Actual division of the property by metes and bounds is not necessary to constitute partition, Girija Nandi Devi v. Bijendra Narain Chowdhary, AIR 1967 SC 1124: (1967) 4 SCD 501.Partition, signifies a surrender of a portion of the joint rights in exchange for a similar right from the co-sharer, Rasa v. Arunachala, AIR 1932 Mad 577.Partition, the act of dividing.Before 1926 all co-owners of land might make partition, and coparceners were c...
equity
equity pl: -ties [Latin aequitat- aequitas fairness, justice, from aequus equal, fair] 1 a : justice according to fairness esp. as distinguished from mechanical application of rules [prompted by considerations of ] [comity between nations, and require it to be paid for "F. A. Magruder"] b : something that is equitable : an instance of equity [the inequities produced by the system are outnumbered by the equities] 2 a : a system of law originating in the English chancery and comprising a settled and formal body of substantive and procedural rules and doctrines that supplement, aid, or override common and statutory law [the judicial power shall extend to all cases, in law and , arising under this Constitution "U.S. Constitution art. III"] see also chancery compare common law, law NOTE: The courts of equity arose in England from a need to provide relief for claims that did not conform to the writ system existing in the courts of law. Originally, the courts of equity exercised great ...
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
Succession to this office
Succession to this office, the word 'succession' in relation to property and rights and interests in property generally implies 'passing of an interest from one person to another' vide in re Hindu Women's Right to Property Act, 1941). It is now well-established that the office of a hereditary trustee is in the nature of property. This is so whether the trustee has a beneficial interest of some sort or not. (See Ganesh Chander Dhur v. Lal Behari, AIR 1936 PC 318: 71 MLJ 740 and Bhabatatini v. Ashalata, AIR 1943 PC 89: 46 BLR 212) Ordinarily a Shebaitship or the office of Dharmakartha is vested in the heirs of the founder unless the founder has laid down a special scheme of succession or except when usage or custom to the contrary is provided to exist, Sambudamurthi Mudaliar v. State of Madras, AIR 1971 SC 2363: (1970) 1 SCC 4: (1970) 2 SCR 424....
Widow's Estate
Widow's Estate, is the result of the sastric law codified through judicial precedents. Thus the 'women's estate' in its larger connotation means: 'All property which has given to a woman by any means and from any source whatsoever and includes both properties in which she has absolute estate stridhana and property in which she has only a limited interest and the term is used in the context only later sense of property in which she takes only a limited or qualified interest. Such property is ether property inherited by woman, or property which has been allotted to her in a partition in her husband's family, Atava Akkulamma v. Gajjela Papi Reddy, AIR 1995 SC 166....
property interest
property interest see interest ...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Interest (in a property)
Interest (in a property), the word 'interest' which is mentioned in this rule means interest in the property i.e., the subject-matter of the suit and the interest is the interest of the person who was the party to the suit, Rikhu Dev, Chela Bawa Harjug Dass v. Som Dass, AIR 1975 SC 2159: (1976) 1 SCC 103: (1976) 1 SCR 487 [Civil PC 1908, O. 22, R. 10]The statute has not defined the word 'interest' and therefore it must be deemed to be of the widest possible amplitude. It will include not only an absolute interest but also a limited interest, a precarious interest and an inchoate interest or the like, Ramjivan v. Phoola, AIR 1976 SC 844 (851): (1976) 3 SCR 262....
Relinquishment
Relinquishment, a relinquishment takes place when the owner withdraws himself from the property and abandons his rights thereto, CIT v. Rasiklal Maneklal, AIR 1989 SC 1333: (1989) 2 SCC 454: (1989) 2 SCR 179. (Income Tax Act, 1961, s. 45)Relinquishment, forsaking, or giving up.The abandonment of a right or thing, Black's Law Dictionary, 7th Edn., p. 1294.Means a release of a claim or portion of it. The essential features of a transaction of relinquishment can be clearly specified. In a transaction of relinquishment the property in which interest is relinquished continues to exist, the property continues to be accrued by some person or persons even after the transaction of relinquishment and the interest of the person even after relinquishing his interest in the property is either given up or abandoned or surrendered. Relinquishment also presupposes that the property in which the interest is relinquished continues to be in existence, C.I.T. v. Rasiklal, (1974) 95 ITR 656 (663)....
Evacuee
Evacuee, The evacuee cannot take possession of his property. He cannot lease that property. He cannot sell that property without the consent of the Custodian. He can not mortgage that property. He can not realise the income of the property. On the other hand, the Custodian can take possession of that property. He can realise its income. He can alienate the property and he can under certain circumstances demolish the property. All the rights that the evacuee had in the property he left in Pakistan were exercisable by the Custodian excepting that he could not appropriate the proceeds for his own use. The evacuee cannot exercise any rights in that property except with the consent of the Custodian. He merely had some beneficial interest in that property. No doubt that residual interest in a sense is ownership, R.B. Jodha Mal Kuthiala v. Commissioner of Income-tax, (1971) 3 SCC 369: AIR 1972 SC 126: (1972) 2 SCR 127....
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