Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Augmented estate
see estate,
Bankruptcy estate
a debtor's legal and equitable interests in property as of the commencement of a bankruptcy case.
Base estate
see estate.
Commenda, est facultas recipiendi et retinendi beneficium contra jus positivum a suprema potestate
A commendam is the power of receiving and retaining a benefice contrary to positive law, by supreme authority.
En eschange it covient que les estates soient egales
In an exchange it is desirable that the estates be equal.
Intestate
n. One who has died without a valid Will. Cf. TESTATOR.
New asset. Wills & estates.
In the administration of a decedent's estate, property that the administrator or executor receives after the time has expired to file claims against the estate.
Non impedit clausula derogatoria quo mi nus ab eadem potestate res dissolvantur ca qua constituuntur
A derogatory clause does not prevent things from being dissolved by the same power by which they were originally made.
Qui non habet potestatem alienandi habet necessitatem retinendi
A person who has not the power of alienating is obliged to retain.
Quod principi placuit legis habet vigorem; utpote cum lege regia, quae de imperio ejus lata est, populus ei et in eum omne suum imperium et potestatem conferat
A decision of the emperor has the force of law; for, by the royal law that has been made concerning his authority, the people have conferred upon him all their sovereignty and power. Dig. 1.4.1.
Real Estate Settlement Procedures Act
A federal law that requires lenders to provide home buyers with information about known or estimated settlement costs. 12 USCA §§ 2601-2617. - Abbr. RESPA. See REGULATION X.
Restatement
One of several influential treatises, published by the American Law Institute, describing the law in a given area and guiding its development. 0 Although the Restatements are frequently cited in cases and commentary, they are not binding on the courts. Restatements have been published in the following areas of law: Agency, Conflict of Laws, Contracts, Foreign Relations Law of the United States, Judgments; Law Governing Lawyers, Property, Restitution, Security, Suretyship and Guaranty, Torts, Trusts, and Unfair Competition. - Also termed Restatement of the Law.
Restater
An author or reporter of a Restatement.
Scire leges non hoc est verbs earum tenere, sed vim et potestatem
To know the laws is to observe not their (mere) words, but their force and power.
Testate
adj. Having left a will at death <she died testate >. Cf. INTESTATE. Testate n. See TESTATOR.
Uxor non est sui juris sed sub potestate viri
A wife is not in her own right (i.e., she cannot act independently), but under the power of her husband.
aaUusted gross estate
1. The total value of a decedent's property after subtracting administration expenses, funeral expenses, creditors' claims, and casualty losses. ( The value of the adjusted gross estate is used in computing the federal estate tax. Cf. net estate. 2. See gross estate (1).
absolute estate
A full and complete estate that cannot be defeated.
adjusted gross estate.
See ESTATE.
all-the-estate clause
english law. the provision in a conveyance transferring "all the estate, right, title, interest, claims, and demand" of the grantor in the property conveyed.
ancestral estate
see estate.
augmented estate
A statutory forced share that is enlarged for the benefit of a surviving spouse to include any transfer made by the decedent during the marriage. Uniform Probate Code § 2-202. See FORCED SHARE.
bankruptcy estate
See BANKRUPTCY ESTATE.
base estate
Hist. An estate held at the will of the lord, as distinguished from a freehold.
brevia testate
[Latin] Hist. See breue testatum under BREVE.
closing of estate
Wills & estates. The completion of the administration of a decedent's estate, brought about by the administrator's dis-tribution of estate assets, payment of taxes, and filing of necessary accounts with the probate court.
collector of decedent's estate
A person temporarily appointed by a probate court to collect assets and payments due to a decedent's estate, and to settle other financial matters requiring immediate attention. 9 A collector is often appointed to look after an estate when there is a will contest or a dispute about who should be appointed administrator. The collector's duties end when an administrator is appointed.
concurrent estate
Ownership or possession of property by two or more persons at the same time. ( In modern practice, there are three types of concurrent estates: tenancy in common, joint tenancy, and tenancy by the entirety. - Also termed concurrent interest. "A concurrent estate is simply an estate - whether present or future, defeasible or non-defeasible, in fee simple, in tail, for life, or for years - that is owned by two or more .persons at the same time. ( transfers 'to A and B and their heirs.' A and B own a present concurrent estate in fee simple absolute." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 53 (2d ed. 1984).
contingent estate
An estate that vests only if a certain event does or does not happen. See estate on condition.
customary estate
See COPYHOLD.
decedent's estate
The real and personal property that a person possesses at the time of death and that descends to the heirs subject to the payment of debts and claims.
dedimus potestatem
[Law Latin "we have given power"] 1. A commission issuing from the court before which a case is pending, authorizing a person named in the commission to compel the attendance of certain witnesses, to take their testimony on the written interrogatories and crossinterrogatories attached to the commission, to reduce the answers to writing, and to send it sealed to the court issuing the commission. 2. In England, a chancery writ commissioning the persons named in the writ to take certain actions, including administering oaths to defendants and justices of the peace. ( The writ was formerly used to commission a person to take action such as acknowledging a fine and -appointing an attorney for representation in court. Before the Statute of Westminster (1285), an attorney could not appear on behalf of a party without this writ. - Also termed dedimus potestatem de attorno faciendo. "Dedimus potestatem is a writ that lies where a man sues in the king's court, or is sued, and cannot well travel, then he shall have this writ directed to some justice, or other discreet person in the country, to give him power to admit some man for his attorney, or to levy a fine, or to take his confession, or his answer, or other examination, as the matter requires." Termes de la Ley 148 (1st Am. ed. 1812).
defeasible estate
An estate that may come to an end before its maximum duration has run by reason of the operation of a special limitation, a condition subsequent, or an executory limitation. ( If an estate is defeasible by operation of a special limitation, it is called a determinable estate.
derivative estate
A particular interest that has been carved out of another, larger estate. Cf. original estate.
derivative estate.
See ESTATE.
determinable estate
An estate that is defeasible by operation of a special limitation.
dominant estate
An estate that benefits from an easement. - Also termed dominant tenement; dominant property; upper estate. Cf. servient estate.
e'table life estate
An interest in real or
enlarger l'estate
;Law French] A release that enlarges an estate and consists of a conveyance of the ulterior interest to the particular tenant. ( If an estate is held by a tenant for life or years, with the remainder to another in fee, and if the one in remainder releases all rights to the particular tenant and his or her heirs (through an enlarger l'estatei, the tenant then holds the estate in fee
equitable estate
An estate recognized in equity, such as a trust beneficiary's interest. See EQUITY.
estate
1. The amount, degree, nature, and quality of a person's interest in land or other property. 2. All that a person or entity owns, including both real and personal property. 3. The property that one leaves after death; the collective assets and liabilities of a dead person. 4. A tract of land, esp. one affected by an easement. "The old definitions of this word [estate] generally confine it to lands or realty. Thus, according to Lord Coke, 'state or estate signifieth such inheritance, freehold, term for years, & c., as any man hath in lands or tenements.' Co.Litt. 345a. So Cowell defines it to be 'that title or interest which a man hath in lands or tenements,' and the same definition is given in the Termes de la Ley. And this limited sense of the word has been relied on, in argument, in some case but, according to the settled modern doctrine, the term estate is of much more extensive import and application, being indeed genus generalissimum, and clearly comprehending things personal as well as real; person as well as real estate." 1 Alexander M. Burrill, A Law Dictionary and Glossary 561 (2d ed. 1867).
estate ad remanentiam
See ESTATE.
estate at sufferance
See tenancy at sufferanc under TENANCY.
estate at will
See tenancy at will under TENAN. CY.
estate by curtesy
See ESTATE.
estate by elegit
See ESTAT
estate by purchase
See ESTATE.
estate by statute staple
An estate in a defendant's land held by a creditor under the statute staple until the debt was paid. See STATUTE STAPLE.
estate by the entirety
See tenancy by the entirety under TENANCY.
estate duty
A duty imposed on the principalvalue of all property that passed on death. ( In Britain, this duty was replaced by inheritance