In re the Estate of SIVAPAKIAM. THEAGARAJAH v. PARANCHOTHIPILLAI et al.

 

Present: The Hon., Sir Joseph T. Hutchinson, Chief Justice,

and Mr. Justice Middleton.

 

In re the Estate of SIVAPAKIAM.

THEAGARAJAH v. PARANCHOTHIPILLAI et al.

 

D.C., Jaffna (Testamentary),  1,798.

 

    Tesawalamai-Property inherited by child from mother-Death of child- Inheritance rights of father-Rights of the heirs of the mother- Roman-Dutch    Law-Applicability.

 

According to the principles laid down in the Tesawalamai, property inherited by a child from its deceased mother goes, on the death of the child, intestate, without brothers or sisters, but leaving its father surviving, to the mother's next of kin and not to the father.

 

THE petitioner Theagarajah applied for letters of administration to the estate of his deceased minor daughter Sivapakiam, who was his only daughter by his deceased wife Teyvanapillai. The petitioner claimed to be the sole heir of his deceased daughter. The application was opposed by the children of Teyvanapillai's sisters, who contended that, as the deceased had inherited the property from her mother, the mother's next of kin were

Click Here to Read the rest of this document