Surrender - Law Dictionary Search Results
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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...
Customary freeholds
Customary freeholds have been converted into 'socage tenure' by the (English) Law of Property Act, 1922, s. 189, see COPYHOLD. Owing to its historical intrest the following note has been preserved unaltered from the previous edition of the Lexicon. ' Also denominated, privileged copyholds of frank tenure; they were known inancient times as estates inprivileged villenage or villein socage, and are estates held by custom, but not at the lord's will, in which they differ from copyholds; yet the will of the lord in copyhold is reduced to a mere fiction. These lands are of such singular nature that, when they are compared with mere copyholds, they may be called freeholds, and when compared with absolute freeholds, they maybe denominated copyholds. While the freehold interest or estate rests with the tenant, the freehold tenure is in the lord. (Mr. Serjeant Scriven dissents from this proposition in his workon Copyholds, vol. ii. pp. 572 et seq.) They are usually transferred by surrender into...
Real Property Act, 1845
Real Property Act, 1845 (English) (8 & 9 Vict. c. 106), repealed and substantially re-enacted and extended by ss. 4, 51, 52, 56, 59, 138 and 168 of the Law of Property Act, 1925. The main provisions of the Act of 1845 affect all titles after 1845; prior to 1926, they included:Partitions or exchanges of freehold land, leases required by law to be in writing, i.e., leases for three years or more (see FRAUD), and all assignments and surrenders of leases must be by deed.A contingent executory and future interest in land and a possibility coupled with an interest in land, and a right of entry whether immediate, future, vested, or contingent, may be disposed of by deed.When the reversion on a lease is gone by surrender or merger, the next estate is to be deemed the reversion--(so that if, e.g., A. in 1900 let land to B. for fourteen years and B. in 1903 surrender, after having sub-let to C. till the end of 1905, C. will become tenant to A. till the end of 1905, notwithstanding B.'s surrender...
Presentment in relation to copyholds
Presentment in relation to copyholds. In order to give effect to a surrender out of Court it was for-merly necessary that due mention or 'presentment' of the transaction should be made at some subsequent Court.The surrender, and every other document relating to the title, on being presented in Court, had to be endorsed thus:- 'Presented and enrolled at a Court held for the manor of --, the -- day of --,' and then undersigned by at least two of the homage. The ceremony was dispensed with by with Copyhold Act, 1841, s. 89....
Waging war
Waging war, means and can only mean 'waging war in the manner usual in war'. In order to support a conviction on such charge, it is not enough to show that the persons charged have continued to obtain possession of an armoury and have, when called upon to surrender it, used the rifles and ammuni-tion so obtained against the King's troops, Mir Hasan Khan v. State, AIR 1951 Pat 60.The expression 'waging war' means and can only mean waging war in the manner usual in war. In other words, in order to support a conviction on such a charge it is not enough to show that the persons charged have contrived to obtain posses-sion of armoury and have, when called upon to surrender it, used the rifles and ammunition so obtained against the government troops. It must also be shown that the seizure of the armoury was part and parcel of a planned operation and that their intention in resisting the troops of the Government was to overwhelm and defeat these troops and then to go on and crush any further ...
Transfer
Transfer, a permanent alienation is a transfer and a permanent alienation includes the several kinds of transfers, namely, sale, exchange or gift, Syed Jalal v. Targopal Ram Reddy, AIR 1970 AP 19.Transfer, cannot have the widest comprehension, and does not indicate or include compulsory transfer or forced transfer, like court auction sale, Kharva Gigabhai Mavji v. Soni Jagjivvan Kanji, 1979 (20) Guj LR 256.Transfer, connotes, normally, between two living persons during life; will take effect after demise of the testator and transfer in that perspective becomes incongruous, State of West Bengal v. Kailash Chandra Kapur, (1997) 2 SCC 387.Transfer, Decrees which would have the effect of extinguishing the tittle of the holder and nesting the same in some one else though not falling within the ordinary meaning of the phrase 'transfer of property' would be 'transfers' within the meaning of the term as used in ss. 4 and 5, Jagdish v. State of Madhya Pradesh, AIR 1993 MP 132. [See M.P. Ceiling...
Renewal of lease
Renewal of lease, a re-grant of an expiring lease for a further term. Where a lease contains a covenant by the lessor for renewal, this convenant is commonly subject to the condition that the covenants in the lease shall have been performed by the lessee, and this condition is strongly enforced by the Court, Finch v. Underwood, (1876) 2 Ch D 310.Leases may be surrendered in order to be renewed, without a surrender of under-leases, by virtue of the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 6, before which Act a surrender of each under-lease was necessary.As to covenants for perpetual renewal, see Wynn v. Conway Corporation, (1914) 2 Ch 705, and cases there referred to.By the (English) Law of Property Act, 1922, s. 145, and 15th Sch., perpetually renewable leases have, from the 1st January, 1926, been converted into terms of 2,000 years from the date of the commen-cement of the existing term. The conversion is without prejudice to the covenants and conditions of the l...
Proviso for redemption
Proviso for redemption. The condition in a conveyance upon mortgage whereby if the mortgagor pays to the mortgagee the principal, interest, and any other moneys secured by the mortgage on a specified day, the mortgagee becomes bound to reconvey the mortgaged property to the mortgagor at any time at his request and cost. By the Law of Property Act, 1925, s. 115, a receipt of the person entitled to give a receipt (see statutory form) for the moneys secured by the mortgage endorsed on or written at the foot if, or annexed to the mortgage operates as a surrender or release of the mortgagee's term or as a reconveyance of all the mortgaged interest or property, and in either case a discharge of all the moneys secured by the mortgage without any other reconveyance, surrender or release. See MORTGAGE....
Relinquishment and assignment of tenancy
Relinquishment and assignment of tenancy, the distinction between an assignment on the one hand and relinquishment or surrender on the other is too plain to be ignored. In the case of an assignment, the assignor continues to be liable to be landlord for the performance of his obligation under the tenancy and this liability is contractual while the assignee becomes liable by reason of privity of estate. The consent of the landlord to an assign-ment is not necessary, in the absence of a contract or local usage to the contrary. But in the case of relinquishment, it cannot be a unilateral transac-tion; it can only be in favour of the lessor by mutual agreement between them. The relinquishment of possession must be to the lessor or one who holds his interest. In fact, a surrender or relinquishment terminates the lessee's rights and lets in the lessor, W. H. King v. Republic of India, AIR 1952 SC 156 (158): 1952 SCR 418. [Transfer of Property Act, 1882, s. 108(j)]...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
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