Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assignable, adj. That can be assigned; transferable from one person to another, so that the transferee has the same rights as the transferor had <assignable right>. Cf. Negotiable. Assignable lease
see lease.
Id quod nostrum est sine facto nostro ad alium transferri non potest.
What belongs to us cannot be transferred to another without our act (or deed).
Land Titles and Transfer Act
Hist. An 1875 statute establishing a registry for titles to real property, and providing for the transfer of lands and recording of those transfers. 38 & 39 Vict., ch. 87. ( The act is analogous in some respects to American recording laws, such as those providing for a registry of deeds. A system of title registration superseded this registry system in 1925.
Nemo plus juris ad alienum transferre potent quam ipse haberet
No one can transfer to another a greater right than he himself might have. Dig. 50.17.54.
Nemo potest plus juris ad alium transferre quam ipse habet
No one can transfer to another a greater right than he himself (actually) has. Co. Litt. 309.
Nihil tam conveniens est naturali aequitati quam voluntatem domini volentis rem suam in alium transferre ratam haberi
Nothing is more conformable to natural equity than to confirm the will of an owner who desires to transfer his property to another.
Quod meum est, sine facto sive defectu meo amitti seu in alium transferri non potest
What is mine cannot be lost or transferred to another without my own act or default.
Traditio nihil amplius transferee debet vel potest ad eum qui accipit quam est apud eum qui tradit
Delivery neither can nor should transfer anything more to the recipient than is in possession of the one who delivers.
Traditionibus et usucapionibus, non nudis pactis, transferuntur rerum dominia
Rights of property are transferred by delivery and by prescription (founded on lengthy possession), not by naked agreements.
Transfer
n. 1. Any mode of disposing of or parting with an asset or an interest in an asset, including the payment of money, release, lease, or creation of alien or other encumbrance. ( The term embraces every method - direct or indirect, absolute or conditional, voluntary or involuntary - of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debtor's equity of redemption. 2. Negotiation of an instrument according to the forms of law. 9 The four methods of transfer are by indorsement, by delivery, by assignment, and by operation of law. 3. A conveyance of property or title from one person to another.
Transferable
adj. Capable of being transferred, together with all rights of the original holder.
Transferee
One to whom a property interest is conveyed.
Transferor
One who conveys an interest in property.
Transfers to Minors Act
See UNIFORM TRANSFERS TO MINORS ACT.
Uniform Fraudulent Transfer Act
A model act designed to bring uniformity among the states regarding the definition of, and penalties for, fraudulent transfers. s This act was adopted in 1984 to replace the Uniform Fraudulent Conveyances Act. - Abbr. UFTA.
Uniform Transfers to Minors Act
A uniform law - adopted by most states - providing for the transfer of property to a minor, permitting a custodian acting in a fiduciary capacity to manage investments and apply the income from the property for the minor's support. -Abbr. UTMA. - Also termed Transfers to Minors Act. - Formerly also termed Uniform Gifts to Minors Act (UGMA); Gifts to Minors Act.
constructive transfer
A delivery of an item - esp. a controlled substance - by someone other than the owner but at the owner's direction.
convey, vb. To transfer or deliver
to another, esp. by deed or other writing.
deemed transferor
Tax. A person who holds an interest in a generation-skipping trust on behalf of a beneficiary, and whose death will trigger the imposition of a generation-skipping transfer tax. ( A deemed transferor is often a child of the settlor. For example, a grandfather could establish a trust with income payable for life to his son (who, because he is only one generation away from his father, is also known as a nonskip person) with the remainder to his grandson, a beneficiary also known as the skip person. When the son dies, the trust will be included in his gross estate for determining the generation-skipping transfer tax. IRC (26 USCA) §§ 2601-2663. See GENERATION-SKIPPING TRANSFER; generation-skipping transfer tax under TAX; generation-skipping trust under TRUST; SKIP PERSON; NONSKIP PERSON.
depository-transfer check
An unsigned nonnegotiable check that is used by a bank to transfer funds from its branch to the collection bank
dirt-for-debt transfer
A transaction in which a bankrupt debtor satisfies all or part of a secured debt by transferring the collateral to the creditor.
electronic funds transfer
See FUNDS TRANSFER.
federal transfer
The federal district court's right to move a civil action filed there to any other district or division where the plaintiff could have brought the action originally. 28 USCA § 1404(a). See CHANGE OF VENUE.
fraudulent transfer
See FRAUDULENT CONVEY ANCE.
funds transfer
Also termed (specif.) electronic funds transfer (EFT). A payment of money from one person or entity to another; esp., the process by which payment is made through a series of transactions between computerized banking systems, beginning with an originator's payment order and ending when a final payment order is received by the beneficiary's bank. 0 Commercial or wholesale funds transfers are governed by Article 4A of the UCC. Consumer funds transfers are regulated by the federal Electronic Funds Transfer Act (15 USCA
generation-skipping transfer
A conveyance of assets to a person more than one generation removed from the transferor, that is, a skip person. 0 For example, a conveyance either directly or in trust from a grandparent to a grandchild is a generation-skipping transfer subject to a generation-skipping transfer tax. IRC (26 USCA) §§ 2601-2663. See generation skipping transfer tax under TAX; generationskipping trust under TRUST; SKIP PERSON.
generation-skipping transfer tax
A gift or estate tax imposed on a generation-skipping transfer or a generation-skipping trust. - Also termed generation-skipping tax; transfer tax. IRC (26 USCA) §§ 2601-2663. See DIRECT SHIP; GENERATION-SHIPPING TRANSFER; generation-skipping trust under TRUST; TAXABLE DISTRIBUTION; TAXABLE TERMINATION.
generationskipping transfer tax
under TAX; SKIP PERSON.
incomplete transfer
Tax. A decedent's inter vivos transfer that is not completed for federal estate-tax purposes because the decedent retains significant powers over the property's possession or enjoyment. ( Because the transfer is incomplete, some or all of the property's value will be included in the transferor's gross estate. IRC (26 USCA) §§ 2036-2038.
inter uivos transfer
A transfer of property made during the transferor's lifetime.
inter vivos transfer.
See TRANSFER.
modus transferrendi
[Law Latin] Hist. The manner of transferring.
motion to transfer venue
A request that the court transfer the case to another district or county, usu. because the original venue is improper under the applicable venue rules or because of local prejudice. See VENUE; CHANGE OF VENUE.
preferential transfer
Bankruptcy. A prebankruptcy transfer made by an insolvent debtor to or for the benefit of a creditor, thereby allowing the creditor to receive more than its proportionate share of the debtor's assets; specif., an insolvent debtor's transfer of a property interest for the benefit of a creditor who is owed on an earlier debt, when the transfer occurs no more than 90 days before the date when the bankruptcy petition is filed or (if the creditor is an insider) within one year of the filing, so that the creditor receives more than it would otherwise receive through the distribution of the bankruptcy estate. * Under the circumstances described in 11 USCA § 547, the bankruptcy trustee may recover - for the estate's benefit - a preferential transfer from the transferee. - Also termed preference; voidable preference; voidable transfer; preferential assignment. Cf. FRAUDULENT CONVEYANCE (2).
stock-transfer agent
an organization that oversees and maintains records of transfers of shares for a corporation.
stock-transfer tax
A tax levied by the federal government and by some states on the transfer or sale of shares of stock. - Often shortened to transfer tax. "Some state statutes impose special taxes, usually in the form of a stamp tax, upon sales and agreements for sale and other transfers of stock in corporations. Such a tax is in the nature of an excise tax on the transfer. Taxes on the issuance and transfer of corporate stock, commonly known as 'stock transfer taxes' and payable by means of stamps, are constitutional, as within the power of state governments." 71 Am. Jur. 2d State and Local Taxation § 643, at 896 (1973).
transfer
ub. 1. To convey or remove from one place or one person to another; to pass or hand over from one to another, esp. to change over the possession or control of. 2. To sell or give.
transfer agent
an organization (such as a bank or trust company) that handles transfers of shares for a publicly held corporation by issuing new certificates and overseeing the cancellation of old ones and that usu. also maintains the record of shareholders for the corporation and mails dividend checks. generally, a transfer agent ensures that certificates submitted for transfer are properly indorsed and that the right to transfer is appropriately documented.
transfer in contemplation of death
See gift causa mortis under GIFT.
transfer in fraud of creditors
A conveyance of property made in an attempt to prevent the transferor's creditors from making a claim to it.
transfer of a case
The removal of a case from the jurisdiction of one court or judge to another by lawful authority. - Also termed transfer of a cause. See REMOVAL (2). transfer of venue See CHANGE OF VENUE.
transfer payment
A governmental payment to a person who has neither provided goods or services nor invested money in exchange for the payment. ( Examples include unemployment compensation and welfare payments.
transfer price
The charge assigned to an exchange of goods or services between a corporation's organizational units.
transfer tax
1. A tax imposed on the transfer of property, esp. by will, inheritance, or gift. ( The federal estate-and-gift tax is sometimes referred to as the unified transfer tax (or the unified estate-and-gift tax) because lifetime gifts and death gifts are treated equally under the same tax laws. 2. See stocktransfer tax.
transfer warranty
See wARRANTY (2).
transferable letter of credit
A letter of credit that authorizes the beneficiary to assign the right to draw under it.
transferee liability. Tax
The liability of a transferee to pay taxes owed by the transferor. ( This liability is limited to the value of the asset transferred. The Internal Revenue Service can, for example, force a donee to pay the gift tax when the donor who made the transfer cannot pay it. IRC (26 USCA) §§ 6901-6905.
transferred intent
See INTENT (1).
transferred intent.
Intent that has been transferred from the originally intended criminal act to the criminal act actually committed. ( For example, if a person intends to kill one person but kills another, the intent may be transferred to the actual act. See TRANSFERRED-INTENT DOCTRINE.
transferred malice
Malice directed to one person or object but instead harming another in the way intended for the first. °[IJf A shoots at B intending to kill him, but the shot actually kills C, this is held to be murder of C. So also if A throws a stone at one window and breaks another, it is held to be malicious damage to the window actually broken. This doctrine, which is known as the doctrine of transferred malice, applies only where the harm intended and the harm done are of the same kind. If A throws a stone at a human being and unintentionally breaks a window, he cannot be convicted of malicious damage to the window." John Salmond, Jurisprudence 382 (Glanville L. Williams ed., 10th ed. 1947).