Sub Tenancy - Law Dictionary Search Results
Home Dictionary Name: sub tenancySub-tenancy
Sub-tenancy, means transfer of an exclusive right to enjoy the property in favour of third party. There must be vesting of possession by the tenant in another person by divesting himself not only of physical possession but also of the right to possession, General Produce Co. Ltd. v. Sonmati Holdings, (1996) 1 WLC 535 (Raj)...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Sub-tenant
Sub-tenant, 'sub-tenant' literally or statutorily either in the Rent Control Legislations or agri-cultural tenancies, normally, is a person in possession holding from the tenant. His right or interest depends on provisions in the statute, Lala Raghuraj Swarup v. Hardwari Lal, AIR 1991 SC 2072: (1991) 3 SCR 672: (1991) 4 SCC 391....
tenancy
tenancy pl: -cies 1 : the holding of or a mode of holding an estate in property: a : a form of ownership of property : tenure b : the temporary possession or occupancy of property that belongs to another holdover tenancy : a tenancy that arises when one remains in possession of property after the expiration of the previous tenancy (as one under a lease), that may be established as a tenancy at will by the recognition of the landlord (as by accepting rent), and that may sometimes be statutorily converted to a periodic tenancy for the same or a different term than that of the original tenancy [liable for payment of rent in a holdover tenancy] called also tenancy at sufferance joint tenancy : a tenancy in which two or more parties hold equal and simultaneously created interests in the same property and in which title to the entire property is to remain to the survivors upon the death of one of them (as a spouse) and so on to the last survivor [a right to sever the joint tenancy]...
Year to year, tenancy from
Year to year, tenancy from. This estate arises either expressly, as when land is let from year to year, or by a general parol demise, without any deter-minate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such tenant holds over, after the expiration of his term, without having entered into any new contract, and pays rent (before which he is a tenant on sufferance), and in such cases the tenant holds over on such terms of the old tenancy lease as are applicable to a tenancy from year to year and to the particular tenancy.The qualities which distinguish a tenancy from year to year from proper terms for years, and from estates at will, are (1) that it exists by construction of law alone instead of an estate at will in every instance where a possession is taken with the consent of the legal owner and where an annual rent has been paid, but without there havi...
Statutory tenancy
Statutory tenancy, 'statutory tenancy' is a con-venient expression for referring to a tenant whose tenancy has been terminated and who would be liable to be evicted but for the protecting statute, Damadilal v. Parashram, AIR 1976 SC 2229: (1976) 4 SCC 855: (1976) Supp SCR 645. [M.P. Accomoda-tion Control Act, 1961, s. 2(1) and 14]Statutory tenancy, is a mere status of irremovability. It commences after the contractual tenancy has come to an end in any manner provided by law, Nagar Palika Nigam, Gwalior v. Rajeshwar Dayal, 1996 MPLJ 97....
Entireties, tenancy by
Entireties, tenancy by. Before the (English) L.P. Act, 1925, where an estate was conveyed or devised to a man and his wife during coverture, they were said to be tenants by entireties, that is, each was said to be seized of the whole estate, and neither of a part. The consequence was, that the husband's con-veyance alone would not have had any effect against his wife surviving him. The husband being seised of the whole estate during coverture either in his own right or jure uxoris, could of course part with that interest; but to make a complete conveyance of all the interests held in entirety, the wife must concur. Tenants by entireties were seised pre tout, and not per my et per tout. As a consequence of this doctrine if lands were given to a husband and his wife and a third person, the husband and wife, being reckoned only as one person, took one-half and the third person the other half; but under s. 37 of the (English) Law of Properties Act, 1925, the husband, wife and third person ...
Tenancy by the entirety
Tenancy by the entirety, means a tenancy that is shared by spouses who are considered one person in law and have the rights of survivorship inherent in joint tenancy and that becomes a tenancy in common in the event of divorce, Mays v. Brighton Bank, 832 SW 2d 347....
Tenancy in Common
Tenancy in Common. Legal estate in undivided shares inland has been abolished by the Law of Property Act, 1925, s. 1, which reduced the interest of tenants-in-common to that of a cestui que trust under a trust for sale of land. The following notes have been kept verbatim to explain titles as they existed immediately before 1926. This estate is created when several persons have several distinct estates, either of the same or of a different quantity, in any subject of property, in equal or unequal shares, and either by the same act or by several acts, and by several titles, and not a joint title. A tenancy-in-common will, as a rule, be construed to exist wherever the instrument creating it indicates that the land is to be held in shares, equally, or in moieties, or the nature of the transaction is such as to preclude the intention of survivorship such as an acquisition of land by partners for the purposes of their business.A tenancy-in-common differs from a joint-tenancy in this respect:...
Year of the tenancy
Year of the tenancy, 'a year of the tenancy' means a year or a period of 12 months according to the calendar of the specific tenancy, starting from its date of commencement or any anniversary thereof, Indian Iron and Steel Co. Ltd. v. Baker Ali, AIR 1961 Cal 515 (518). [West Bengal Non-Agricultural Tenancy Act, 1949, s. 9(b)(iii)]...
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