Transfer - Law Dictionary Search Results
Home Dictionary Name: transferTransfer
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...
Blank transfer
Blank transfer, in such blank transfers, the name of the transferor is entered, and the transfer deed signed by the transferor is handed over with the share scrip to the transferee, who, if he so chooses, completes the transfer by entering his name and then applying to the company to register his name in place of the previous holder of the share, Howrah Trading Co v. CIT, AIR 1959 SC 775 (778). [Income-tax Act (11 of 1922) s. 18(5)]--A deed executed with the name of a transferee or vendee in blank is void; but the lender will have an equitable security, Colonial Bank v. Whinney, (1884) 26 CD 257, and this principle is applicable to transfers of shares in companies transferable only by deed; but if transferable under hand only the transfer may be filled in by any one having express authority, or authority to be implied from the nature of the transaction, Hibblewhite v. McMorine, 6 M&W 200, and Powell v. London, etc. Bank, (1893) 2 Ch 555.If in a will the name of a legatee is left blank,...
generation-skipping transfer
generation-skipping transfer : a transfer of property or of an interest in property that is to a person of a generation more than one generation below that of the transferor and that can be characterized as a taxable termination, a taxable distribution, or a direct skip see also direct skip generation-skipping trust at trust, skip person, taxable distribution, taxable termination NOTE: A transfer from a grandparent to a grandchild qualifies as a generation-skipping transfer, as does a transfer of a life estate to a child with a remainder in the grandchild. Such transfers are subject to a generation-skipping transfer tax. ...
Transfer of property
Transfer of property, includes a transfer of any interest in property and the creation of any charge upon property. [Provincial Insolvency Act, 1920 (5 of 1920), s. 2 (1) (f)]Section 5 defined 'transfer of property' as meaning 'an Act by which a living person conveys property, in present or in future to one or more other living persons, or to himself, or to himself and one or more other living persons', and 'to transfer property' is to perform such act, Dattatraya Shanker Mote v. Anand Chintaman Datar, (1974) 2 SCC 799 (809): (1975) 2 SCR 224.In its general sense, the expression 'transfer of property' connotes the passing of rights in the property from one person to another. In one case there may be a passing of the entire bundle of rights from the transferor to the transferee. In another case, the transfer may consist of one of the estates only out of all the estates comprising the totality of rights in the property. In a third case, there may be a reduction of the exclusive interest ...
Transfer of Land Acts (English)
Transfer of Land Acts (English). The Land Registry Act, 1862 (25 & 26 Vict. c. 53), and the Land Transfer Act, 1875 (38 & 39 Vict. c. 87), were passed to facilitate the transfer of land in England. The Acts were practically a dead letter: see Report of Select Committee of House of Commons on Land Titles and Transfers, 1879. Compulsory registration on Order of Council not dissented from by the local county council was introduced by the Land Transfer Act, 1897 (60 & 61 Vict. c. 65). The first Order in Council (18th July, 1898) applied compulsory registration to the Administrative County of London as from specified dates; this Act has been superseded by the Land Registration Act, 1925 (see REGISTRATION OF TITLE), and as to the previous Acts, Fortescue-Brickdale and Sheldon's Land Transfer Acts. The L.T. Act, 1897, Part I., established a 'Real Representative,' see that title....
Gift, 'transfer of property
Gift, 'transfer of property', the definition of 'gift' makes it clear that there has to be a transfer by one person to another of movable or immovable property; such transfer has to be voluntary and without consideration in money or money's worth. What is, therefore, absolutely essential for the purposes of a gift is a transfer of property. 'Transfer of property' is defined for the purposes of the Gift-tax Act as any disposition or conveyance, or assignment or settlement or delivery or payment or other alienation of property, C.G.T. v. T.M. Louiz, (2000) 7 SCC 486: AIR 2000 SC 3136 (3138). [Gift-tax Act, 1958, ss. 2(xii) & (xxiv), 3 and 4]...
Transfer of ownership
Transfer of ownership, 'transfer of ownership' is also a term of wide import and it comprises every mode by which ownership may be transferred from one person to another - The mode of transfer may vary from one kind of property to another; it would depend on the nature of the property to be transferred, Madan Mohan Pathak v. Union of India, AIR 1978 SC 803: (1978) 2 SCC 50: (1978) 3 SCR 334....
Exchange and transfer
Exchange and transfer, an exchange involves the transfer of property by one person to another and reciprocally the transfer of property by that other to the first person. There must be a mutual transfer of ownership of one thing for the ownership of another, CIT v. Rasiklal Maneklal, (1989) 2 SCC 454: AIR 1989 SC 1333: (1989) 2 SCR 179....
Private transfer
Private transfer, means the expression 'private transfer', occurring in s. 64, C.P.C. would only mean a transfer by person against whom the attachment was made or prohibitory order was issued in respect of immovable property or whose interest, including that of his legal representative, is attached, but would not include a sale or transfer made by mortgagee with a power of sale, S.V.S. Davey & Sons v. P.M. Narainaswamy, 1983 Mad 217: (1983) 96 Mad LW 1: ILR 1983 (1) Mad LW 1: ILR 1983 (1) Mad 321: (1983) 2 Mad LJ 534....
fraudulent transfer
fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. Source: Administrative Office of the U.S. Courts ...
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