...interests, called estates, in real property. The type of estate is generally determined by the language of the 5 deed, lease, bill of sale, will, land and grant through which the estate was acquired. Estates are distinguished by the varying property rights that vest in each, and that determine the duration and transferability of the various estates. A party enjoying an estate is called a "tenant." There are several different ways a party can own an interest in real property. There are possessory types of interests and non-possessory types of interests. This lesson explains the main types of real property ownership. Possessory Interests When we talk about ownership interests in real property, we're actually talking about many different types of ownership. Ownership interests come in various forms and, depending on the type of interest, a landowner's rights may be limited. Let's start by exploring some of the possessory interests possible when owning land. A possessory interest is the intent and right of a party to occupy or exercise control over a particular plot of land. This is the type of ownership most of us think about when we think about land ownership. There are three main types of possessory interests: fee simple absolute, life estate, and leasehold. Let's start with the greatest possible interest in land. Fee Simple Absolute A fee simple absolute is an ownership interest that includes all rights in the land. Just as the name suggests, this type of estate...
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...is for a specified period of time and the lease ends without notice, and possession of the property returns to the landlord. If Ann was to die before the lease was up the lease interest would pass to the Ann’s heirs as personal property. The heirs of Ann could continue to work out of the office and operate the business. In such leases they normally have a provision for renewal or extension. The heirs of Ann’s would have to have the lease looked at to see if they could continue to lease the office space from Ted. The tenant’s estate can give at least one rental payment period notice to end a tenancy. If Ann’s heirs wanted to end the lease they can negotiate with Ted to end the tenancy. The date that the agreement ends depends on the action that was taken. If there was a notice that was used then it would end two weeks after the notice is received. So there is two main actions that could happen either the heirs could choose to continue the lease for however long the term is, they could also continue the lease with an agreement with Ted or they can give a notice and have the lease end. REFERENCES: Hollowell, W.E. & Miller, R. L., (2014). Business law text & exercises. (7th ed.) South-Western, Cengage Learning. Residential Tenancies Branch. (2014, January 1). Province of Manitoba. Retrieved July 6, 2014, from http://www.gov.mb.ca/cca/rtb/gbook/s7noticeoftermination_nbyt-fixedtermten9.html Ending a tenancy agreement fact sheet. (n.d.). Ending a tenancy agreement...
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...Section 4 of the Muslim Family Laws Ordinance, 1961: A Critic Professor Dr. A.W.M Abdul Huq Introduction Law, whether divine or manmade, is always for the well-being of the human beings. In other words, laws are ultimately related to life experiences which are not a monopoly of the theologians only.1 As the society is not any constant phenomenon, it inevitably changes every moment. As a result laws are needed to be changed in compliance with the changing demands of the society. In Islamic Legal System as well the iron fist of taqlid (the doctrine of imitation) had to give way to ijtihad (meaning independent and free exercise of intellect to interpret interpretation of Islamic laws). It is always open for and permitted to, the thinkers, lawmakers and the rulers who are entrusted to apply shariah in society. In this short commentary I intend to address a particular issue relating to the orphaned children’s inheritance right. This is an extremely practical anomaly of the Doctrine of Representation usually escaping our notice. Grandchild’s inheritance right: the Islamic Law The Islamic law of inheritance does not all together deny the grandchild of the propositus their right to inheritance. Sunni Law places them in the list of quranic sharers. Unless excluded otherwise, they inherit from their grandparent. The doctrine of representation comes into question in case of allotment of their shares. The doctrine is accepted at least for two purposes:2 A) For the purpose...
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...MAGAYA v MAGAYA 1999 (1) ZLR 100 (S) Division: Supreme Court, Harare Judges: Gubbay CJ, McNally JA, Ebrahim JA, Muchechetere JA Subject Area: Civil Appeal Date: 2 November 1998 & 16 February 1999 Judgment Number: S-210-98 Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 23 — protection against discrimination — discrimination on grounds of sex — exemption of customary law from prohibition of discrimination Customary law — succession — heir at customary law — whether female able to inherit late father’s estate Human rights — women’s rights — discrimination on the grounds of sex — whether Legal Age of Majority Act had created positive rights or had only removed legal disabilities The deceased died intestate. His estate consisted of a house and some cattle. He had entered into marriages with two wives, both marriages being according to African law and custom. The appellant, a female, had been born 1941 and was the child of the deceased’s first wife. The respondent, a male, had been born in 1946 and was the child of the deceased’s second wife. The appellant was thus the eldest child of the deceased. The respondent was not the eldest male child of the deceased, but the eldest male child had declined the heirship. A community court had originally appointed the appellant as heir to the estate, but on application from the respondent to the community court, the appointment of the appellant had been set aside and, after a hearing at which all...
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...REPUBLIC ACT NO. 386 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. This Act shall be known as the "Civil Code of the Philippines." (n) Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) Article 3. Ignorance of the law excuses no one from compliance therewith. (2) Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a) Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a) Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a) Article 8. Judicial decisions applying or interpreting the laws or...
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...Co. Ltd v. Bombay, (1958) SCR 1122. * Shafiq and Others v. Asstt. Director of Consolidation and Others, 2011(9)ADJ24. * Reshamlal Baswan vs Balwant Singh Jwalasingh Punjabi 1994 (0) MPLJ 446. * Ramcharan v. State of Rajasthan, AIR 2006 Raj 101. * Mohammed Arshad Chowdhry v. Sajida Banoo, (1878) IL 3 Cal. As a general rule, the transfer of title of property from ancestors to their offspring has been given recognition and enforced since time immemorial. It’s also a settled proposition that the law, decides on who to confer the right of succession in case of intestate property. Statutes of distribution, based on a host of grounds (primogeniture, a preference for males over females., etc.) prescribe the sequence in which a heir(s) succeeds to one who dies without a will. However, the doctrine of escheat acts as a caveat to the general rules of succession in cases where there can be found no legally eligible relatives who can inherit the property. In such cases, the doctrine stipulates that the property revert...
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...FACTS: 1. The facts of the case involve the controversial will of Late Priyamvada Birla executed in the year 1999 making R.S. Lodha the sole beneficiary. 2. Both M.P. Birla and Priyamvada Birla executed a mutual will on 10th May, in the year 1981, bequeathing their respective estate(s), barring certain specific legacies to the other and on the death of the survivor to the 'charities' to be nominated by the executors. 3. The said wills were revoked and another set of mutual wills were executed on 13th July, 1982. 4. Four executors were appointed for each of the wills, who are listed as under: Executors for Madhav Prasad Birla’s will were Smt. Priyamvada Devi Birla, Krishna Kumar Birla, Kashinath Tapuria and Pradip Kumar Khaitan Executors nominated in Priyamvada Birla’s will were Madhav Prasad Birla, Ganga Prasad Birla, Kashinath Tapuria, Pradip Kumar Khaitan. 5. 14th July, 2004: K.K. Birla, B.K. Birla and Yashovardhan Birla filed caveats in the Calcutta High Court, to oppose the grant of probate to the Will created by Mrs. Priyamvada Birla in 1999 (hereinafter referred to as the 1999 will) 6. 19th July, 2004: Caveats entered by Ganga Prasad Birla and Laxmi Devi Newar. 7. 19th July, 2004: The first respondent, R.S. Lodha filed an application for grant of probate of 1999 Will (P.L.A. No. 204 of 2004) before the High Court of Calcutta showing Smt. Laxmi Devi Newar and Smt. Radha Devi Mohatta, the two sisters of M.P. Birla, as the only heirs and legal...
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...CRITICAL REVIEW OF SECTION 14 OF THE HINDU SUCCESSION ACT, 1956 FAMILY LAW -II Submitted by: ABHINAV SINGH 2013002 SEMESTER IV DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY Visakhapatnam March 2015 TABLE OF CONTENTS 1) Acknowledgment………………………………………………….Page No. 3 2) Table of Cases…………………………………………………….Page No. 4 3) List of Abbreviation………………………………………………Page No. 5 4) Abstract…………………………………………………...............Page No. 6 5) Introduction……………………………………………………....Page No. 7 6) Scope of Section 14………………………………………………Page No. 8 7) Limited Ownership Converted into Full Ownership under Hindu Succession Act, 1956………….......Page No. 9 8) Methods by which the Women may acquire the Property..............Page No. 10 9) Constitutional Validity of Section 14(1)…………………………Page No. 11 10) Analysis of Section 14(2)………………………………………...Page No. 13 11) Conclusion………………………………………………………..Page No. 15 12) Bibliography……………………………………………………...Page No. 16 13) Websites………………………………………………………….Page No. 17 ACKNOWLEDGEMENT I have made my project titled “Critical Review of Section 14 of the Hindu Succession Act, 1956” under the supervision of Dr. Sudha Kavuri, Faculty Lecturer, Damodaram Sanjivayya National Law University. I find no words to express my sense of gratitude for Dr. K. Sudha for providing the necessary guidance at every step during the completion of this project. I am grateful...
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...gratuitous disposition of private property. ESTATE TAX FORMULA: KINDS OF TRANSFER TAXES: ESTATE TAX NIRC Donation mortis causa Tax levied on the transmission of properties from decedent to his heirs Tax on the privilege to transmit property at death Excise tax or privilege tax Effective upon death Tax base is the net estate Net estate amounting to P200,000 is exempted 20% highest rate DONOR’S TAX NIRC Donation inter vivos Tax levied on the transmission of properties from a living person to another living person. Gross Estate (Sec. 85) TAX ON THE TRANSFER OF REAL PROPERTY LGC Less: Ordinary Deductions (Sec. 86)_____________ Equals: Net Estate before share of surviving spouse Less: Share of surviving spouse________________ Equals: Net estate before special deductions Less: Special deductions______________________ Equals: Net taxable estate Multiply:Tax Rate (Sec 84)______________________ Equals: Estate Tax Payable If there’s tax credit available: Excise tax or privilege tax Effective during the life time of the donor Tax base is the net gift within the calendar year Net gift amounting to P100,000 is exempted highest rates: Estate tax payable Less: Tax credit____________ Equals: Final estate tax payable LAW GOVERNING THE IMPOSITION OF ESTATE TAX -statute in force at the time of death of the decedent governs. 1 COMPILED NOTES: SABABAN, MAMALATEO & CHAVEZ MARIVIC B. DE GRACIA TAXATION 2 MARIVIC DE GRACIA GROSS ESTATE TWO FACTORS AFFECTING THE...
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...Law, whether divine or manmade, is always for the well-being of the human beings. In other words, laws are ultimately related to life experiences which are not a monopoly of the theologians only.1 As the society is not any constant phenomenon, it inevitably changes every moment. As a result laws are needed to be changed in compliance with the changing demands of the society. In Islamic Legal System as well the iron fist of taqlid (the doctrine of imitation) had to give way to ijtihad (meaning independent and free exercise of intellect to interpret interpretation of Islamic laws). It is always open for and permitted to, the thinkers, lawmakers and the rulers who are entrusted to apply shariah in society. In this short commentary I intend to address a particular issue relating to the orphaned children’s inheritance right. This is an extremely practical anomaly of the Doctrine of Representation usually escaping our notice/ Grandchild’s inheritance right: the Islamic Law The Islamic law of inheritance does not all together deny the grandchild of the propositus their right to inheritance. Sunni Law places them in the list of quranic sharers. Unless excluded otherwise, they inherit from their grandparent. The doctrine of representation comes into question in case of allotment of their shares. The doctrine is accepted at least for two purposes:2 A) For the purpose of determining who are entitled to inherit However while using the doctrine...
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...This is a 2-hour exam; one essay and 20/25 questions CHECKLIST Do the questions first; then spend the rest of the time on the essay. Things grader looks for: Need a nice IRAC; issue spotting; I. Land Acquisition – TWO or more people fighting over property A. Adverse possession: To constitute adverse possession, there must be actual possession which is uninterrupted, open and notorious, hostile and exclusive, and under a claim of right made in good faith for the statutory period. Possession for a statutory period of time can ripen into title. 1. Elements: COAH a. Actual Possession: Actual means that the possession must be such that the community would reasonably regard the adverse possessor as the owner; the possessor must show an actual entry that gives exclusive possession of the land and does not have the owner’s permission to be there. The possessor’s subjective state of mind is irrelevant. b. Uninterrupted: Continuity of possession may be established although the land is used regularly for only a certain period each year. It is not necessary that the occupant should be actually upon the premises continually. If the land is occupied during the period of time during the year it is capable of use, there is sufficient continuity. Thus, summer occupancy only of a summer beach home does not destroy the continuity of possession required. c. Open and Notorious: The acts of the adverse possessor are...
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...Inheritance Tax (IHT) Name Course Institutional Affiliation Date 1. Introduction Inheritance tax (IHT) is the tax paid when one’s property, money or possession is transferred to another person. It was introduced through the Inheritance Act of 1984, and it came into effect in the United Kingdom in 1986. IHT replaced the successor tax to estate duty, that was known as Capital Transfer Tax. However, the inheritance tax is considered less important because of its insignificant contribution to the United Kingdom’s economy, which is, in most cases, less than 1% of the total tax collected. Despite this, it is important for people who are likely to have a significant potential liability to pay inheritance tax, which is paid after the death of the property owner. Thus, it has been popularly renamed “Death Tax”. The tax is also charged on specific gifts that are executed during an individual’s lifetime. Moreover, the tax is charged to a person whose net worth exceeds £325,000. This paper focuses on an overview of how the inheritance tax operates in the UK, and discusses some strategies that can be applied to reduce the potential liability of IHT, as well as the merits and demerits of such strategies. 2.0. Overview of the Inheritance Tax Regime in the United Kingdom 2.1. How Inheritance Tax Operates in the UK Inheritance tax is that duty charged on the transfer of wealth, especially when a person dies. It is sometimes...
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...Executive Summary Like many commonwealth jurisdictions, Ontario has dependent relief legislation, intended to ensure that a will-maker makes some provision for those dependent upon him or her. The manner in which the courts have applied the Wills Variation Act of Ontario is, however, different from most other jurisdictions. This Report attempts to review all of Ontario’s succession legislation, with the intention of ensuring its integrity and relevance and that, as a whole, the legislation operates as effectively and harmoniously as possible. The Report focuses primarily on Succession Law Reform Act but also includes an examination of relevant provisions of The Estate Act. Succession Law Reform Act Like the wills legislation of many other common law jurisdictions, Ontario’s Succession Law Reform Act is based on the Wills Act 1837, which was an attempt to rationalize and simplify the law as it then stood. Over time, however, it became apparent that the legislation also required simplification and rationalization, and numerous reviews have been undertaken, and recommendations made, in Ontario with respect to the Wills Act 1837 and its progeny. This report makes several recommendations relating to the requirements for execution of a will so as to reduce the likelihood of part or all of a will being ruled invalid on technical grounds. It is also suggested that the age at which a valid will may be executed should be reduced from 18 to 16. It also recommends that the definition...
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...ATENEO de Manila LAW SCHOOL LAW ON SALES OUTLINE [1] Dean Cesar L. Villanueva First Semester, SY 2011-2012 Atty. Alexander C. Dy Atty. Ray Paolo J. Santiago I. The Nature of Sale A. Definition (Art. 1458) Sale is a contract whereby one of the contracting parties [the seller] obligates himself to transfer the ownership[2] and to deliver the possession, of a determinate thing, and the other party [the buyer] to pay therefor a price certain in money or its equivalent. xCruz v. Fernando, 477 SCRA 173 (2005).[3] 1. Elements of Sale Elements of sale: (a) consent or meeting of the minds; (b) determinate subject matter; and (c) price certain in money or its equivalent. xNavarra v. Planters Dev. Bank, 527 SCRA 562 (2007).[4] Sale being a consensual contract, its essential elements must be proven. xVillanueva v. CA, 267 SCRA 89 (1997). Absence of any essential elements negates a sale xDizon v. CA, 302 SCRA 288 (1999),[5] even when earnest money has been paid. xManila Metal Container Corp. v. PNB, 511 SCRA 444 (2006). But once all elements are proven, a sale’s validity is not affected by a previously executed fictitious deed of sale. xPeñalosa v. Santos, 363 SCRA 545 (2001); and the burden is on the other party to prove otherwise. xHeirs of Ernesto Biona v. CA, 362 SCRA 29 (2001). ...
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...Chapter 1 – History and Concepts of Property Ownership The method of “holding” land rather than “owning” it was called a system of tenure. Alienability: refers to the power to transfer tenure to another during one’s lifetime or at the time of death. Common Law: is the part of the law that is formulated, developed and administered by the common law courts, mostly underwritten and founded originally by common customs. Types of Estates: Estates – describes an interest in land or more specifically the degree, quantity, nature, and extent of interest that a person has in real property. Estates can be classified under several general headings: 1. Estate to use: ownership obtained by deed, will or possession. Ownership was often held for a future buyer and was often used to avoid a dower right. 2. Fee Simple: highest estate or absolute right in real property – essentially absolute ownership. Can be created where it terminates under certain conditions. For example: Fee Tail – a historical fee that restricts the inheritability of land to a limited class of heirs, such as the eldest male. 3. Future Estate: typically a component of a life estate 4. Leasehold Estate: Interest in land for a defined period of time 5. Life Estate: granting an interest in a piece of land to someone for a lifetime period. Bundle of Rights: The rights that are guaranteed by law in relation to property. These include: the right to use property, sell it, lease it, enter it, give it away, and finally...
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