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UMAITAI v. THAMOTHARAMPILLAI


Umaitai V. Thamotharampillai

Sept.14,1910   Present: Hutchinson C.J. and Middleton J.

UMAITAI v. THAMOTHARAMPILLAI.

98, D. C, Trincomalee, 217.

Marriage, in community of property-Donation between husband and wife after Ordinance No. 15 of 1876-Donation by husband of all his undivided half share to his wife-Wife takes all husband's interest.

Where a husband married in community of property donated to his wife, after the Matrimonial Rights Ordinance came into operation, " 'the exact half of all the specified community properties belonging to him (me), exclusive of the other half belonging to (my) his wife by law," it was-

Held, that the husband had conveyed to his wife all his interest in the community property, although his interest was inaccurately described as an undivided half.

" Where community of goods exists all property is joint property between husband and wife. As a partner can give all his interest in any of the partnership property to his co-partner, so a husband can, since the Ordinance of 1876, give to his wife married in community of property all his interest in any of the common property. The deed should be construed, if its language will allow of

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