Kuddiar Et Al V. Sinnar Et Al

1914 Present; De Sampayo A. J.

KUDDIAR et al. v SINNAR et al

43-C. R. Point Pedro, 15, 510.

Tesawalamai-Sister dying intestate and unmarried-Both married and unmarried sisters succeed.

Under the Tesawalamai, where an unmarried sister dies intestate and issueless, but leaving brothers and both married and unmarried sisters, all the sisters succeed to the said estate. There is no rule excluding a married sister from succession to an unmarried sister.

THE facts appear sufficiently from the judgment.

Wadsworth (with Balasingham), for the third and fourth defendants, appellants. -The general rule of the Tesawalamai is, males succeed to males and females to females (4 Tamb. 60, 11 N. L. R. 345, 14 N. L. R. 60). There is no rule excluding married sisters from succession to unmarried sisters. Dowried sisters succeed to the property of dowried sisters, but there is no corresponding rule which restricts succession to unmarried sisters to unmarried sisters only. In the absence of such a rule the general principle should apply, and all sisters, irrespective of marriage, should succeed.

Kanagasabai, for the plaintiff, respondent. -A daughter on

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