Succession - Law Dictionary Search Results
Home Dictionary Name: succession Page: 2 Page 2 of about 449 results (0.002 seconds)successive tortfeasor
successive tortfeasor : any of two or more tortfeasors whose negligent acts are independent though causing injury to the same third party ...
Successive
Successive, means whole series including the first of it. It means in the singular substantive, something which follows another thing of the same kind, Ram Kumar Rajendra Swaroop v. CST, (1967) 19 STC 241: 1996 All LJ 815....
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
collation
collation [French, from Latin collatio bonorum (in Roman law) contribution made by emancipated heirs to an estate under an intestate succession, literally, bringing together of goods] in the civil law of Louisiana : the actual or supposed return of goods to the mass of the succession that is made by an heir who received property in advance for the purpose of having the property divided with the rest of the succession compare hotchpot NOTE: Children and grandchildren of a decedent must return anything that they received in advance by donation inter vivos. Further, they cannot claim legacies made to them unless made expressly by the decedent as an advantage over their coheirs to be received besides their portion of the succession. Donations made to a grandchild by a grandparent during the life of the child's father are not subject to collation. A collation may be made in kind by the actual delivering up of the thing given, or by taking less from the succession in proportion to the v...
Protestant
Protestant. This term does not occur in the Canons of 1603, or in the Thirty-nine Articles, or in the Acts of Uniformity, but appears in many statutes of later date, notably in the (English) Act of Settlement of 1700 (12 & 13 Wm. 3, c. 2), in which, by way of making further provision (in addition to that made by the Bill of Rights in 1688) 'for the succession of the Crown in the Protestant line,' the Crown was settled, in default of issue of Princess Anne of Denmark (afterwards Queen Anne) and William III., on the Princess Sophia and the heirs of her body, 'being Protestants'; it being added that 'whosoever shall hereafter come to the possession of this Crown shall join in communion with the Church of England as by law established.'The Bill of Rights (1 W. & M. sess. 2, c. 2), after reciting that 'it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a popish prince or by any king or queen marrying a papist,' d...
Will
Will, means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. [Indian Succession Act, 1925 (39 of 1925), s. 2 (h)]The definition of 'will' in s. 2 (h) of the Indian Succession Act 1925, would show that it is the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death, Mahalinga Thambiran Swamiga v. His Holiness Sri La Sri Kasivasi Arulnandi Thambiran Swamigal, AIR 1974 SC 199 (203): (1974) 1 SCC 150: (1974) 2 SCR 74.Will is a translation of the Latin word 'voluntas', which was a term used in the text of Roman law to express the intention of a testator. It is of significance that the abstract term has come to mean that document in which the intention is contained. The same has been the case with several other English law terms, the concrete has superseded the abstract - obligation, bond, contract, are examples (Willi...
Regulated by usage
Regulated by usage, the phrase 'regulated by usage' in s. 6(9) of the Madras Hindu Religious and Charitable Endowments Act, 1951, must be construed along with the phrase 'succession to this office' and when so construed that part of the definition would only apply where the ordinary rules of succession under the Hindu law are modified by usage and succession has to be deter-mined in accordance with the modified rules, Sambudamurthi Mudaliar v. State of Madras, AIR 1971 SC 2363: (1970) 1 SCC 4: (1970) 2 SCR 424....
Hindu Law
Hindu Law, the word 'Hindu law' have to be understood in a broad sense, having regard to s. 2 of the Hindu Succession Act, 1956 which dealt with the applicability of that Act to any person who is a Hindu by religion, Yagnapurushodasji v. Muldas, AIR 1996 SC 1109. S. 7(1) of Joint Family Abolition Act and s. 4(1)(a) of the Hindu Succession Act are identical in words. The marumakkathayam law [the marumakkathayam system of inheritance means the system of inheritance by descent from a common ancestress. It is called a matrilineal system of inheritance and is somewhat different from the patrilineal system of inheritance in the various branches of Hindu Law] was contained in the Travancore Nair Act and other analogous statutes made by the Kerala Legislature. By virtue of Joint Family Abolition Act there was a repeal of the customary principles of marumakkhathyam law, if any saved under s. 44 of the Travancore Nair Act, Chellama Kamalamma v. Narayana Pillai Prabhakaran Nair, AIR 1993 Ker 146;...
Lineal descendant
Lineal descendant, Lineal descendant would mean the offspring of lawful marriage and not offspring of union which is not that of husband and wife. The plain meaning of lineal descendant is one who is in the blood stream of the ancestral such as child or grandchild of the remotest degree. There cannot be any other meaning of this word, Sunderlal Chourasiya v. Jejila Chourasiya, AIR 2004 MP 138. [see Hindu Succession Act 30 of 1956, s. 8; Succession Act 39 of 1925, ss. 107, 109]The term 'lineal descendants' is not restricted to male descendants. But is wide enough to include all descendants, male and female, Bhimnath Missir v. Sm. Tara Dai, AIR 1929 PC 162.The terms 'lineal consanguinity' and 'lineal descent' have been defined in Whartoris Law Lenicon, 14th Edn., Second India Reprint 1994 as: 'Lineal Consanguinity, that relationship which subsists between persons descended in a right line, as grandfather, father, son, grandson. Lineal Descent, the descent of an estate from ancestor to he...
Hindu
Hindu, The historical and etymological genesis of the word 'Hindu' has given rise to a controversy amongst ideologists; but the view generally accepted by scholars appears to be that the word 'Hindu' is derived from the river Sindhu otherwise known as Indus which flows from the Punjab. 'That part of the great Aryan race', says Monier Williams, 'which immigrated from Central Asia, through the mountain passes into India, settled first in the districts near the river Sindhu (now called the Indus). The Persians pronounced this word Hindu and named their Aryan brethren Hindus. The Greeks, who probably gained their first ideas of India from the Persians, dropped the hard aspirate, and called the Hindus 'Indoi'. ('Hindulsm' by Monler Williams, p.1.)'. The Encyclopedia of Religion and Ethics, Vol. VI, has described 'Hinduism' as the title applied to that form of religion which prevails among the vast majority of the present population of the Indian Empire (p. 686). As Dr. Radhakrishnan has obs...
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