by operation of law


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by operation of law

A method of acquiring rights in real estate without any specific intention or even knowledge on the part of the owner. Spouses may gain rights through homestead, dower (widow's rights),curtesy (widower's rights), or community property statutes.

References in periodicals archive ?
In order to be recognised as a Malaysian by operation of law, Section 1(e) requires a person born in Malaysia to be 'not born a citizen of any country'.
"In a merger, the real properties are not deemed 'sold' to the surviving corporation and the latter could not be considered as 'purchaser' of realty since the real properties subject of the merger were merely absorbed by the surviving corporation by operation of law and these properties are deemed automatically transferred to and vested in the surviving corporation without further act or deed," the Court noted.
citizenship by operation of law, this is not going to be automatically entered into the Department of Homeland Security's files.
The following persons have the capacity to inherit: 1) in succession by operation of law: natural persons who survived the bequeather at the moment of his death; children of the bequeather who were born after his death; likewise the State of Lithuania; 2) in succession pursuant to a will: natural persons who survived the testator at the moment of his death; likewise those who were conceived while the testator was still alive and were born after his death; persons named in the will before their conception, upon their birth; 3) in succession pursuant to a will: legal persons which existed at the moment of death of the testator, or established in executing the testator's true intent expressed in his will.
A surrender can occur in one of two ways, either expressly by deed or by operation of law.
The petitioners counsel Ch.Aitzaz Ahsan has prayed to declare the Competition Ordinance is no longer an existing law, having been repealed by operation of law under Article 89 of the Constitution four months after its promulgation.
In 2004 she was suspended on full pay from the pounds 75,000-a-year post, and in August 2005 Cheltenham council announced that her contract was at an end "by operation of law".
On this issue, the Ohio Supreme Court accepted the insurers' view and rejected the effort to transfer coverage by operation of law.
On the commencement of a bankruptcy action, an automatic stay arises by operation of law. Absent a granting of relief from the stay by the bankruptcy court, it generally continues unimpaired until the earliest of the closing or dismissal of the case, or the grant or denial of a discharge; see 11 USC Section 362(c)(2); Allison, 97 TC 544, 545 (1991); and Smith, 96 TC 10 (1991).
In other words, the relevant code sections (61 and 162) use included to mean "by operation of law," which is consistent with the taxpayer's interpretation.
Defeating a Tenant's Claim of "Surrender By Operation Of Law"