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PERERA v. SETUWA


Perera V. Setuwa

1914 Present: Lascelles C. J. and Ennis J.

PERERA v. SETUWA

155-D. C. Kurunegala, 4, 919

Kandyan law-Diga-married sister-Right to inherit paraveni property of deceased sister,

A diga-married sister is precluded by her diga marriage from inheriting the paraveni property of her deceased sister.

THE facts are set out in the judgment.

G. Koch, for the plaintiff, appellant. -The effect of diga marriage is to prevent a diga-married daughter from inheriting from her parents. She does not by a diga marriage forfeit a right to inherit from a deceased sister.

It has been held that even a diga-married daughter does not lose her right to inherit from her parents if she maintains a constant touch with the mulgedara (16 N. L. R. 238). Counsel cited Armour 50; Sawyer 1 and 45; 478-C. R. Kurunegala 1, 526 (January 23, 1914); 192-C. R. Matale, 9, 722 (July 30, 1912).

J. S. Jayewardene, for the respondent. -By a diga marriage a woman loses all rights to inherit the paternal property. Even property which a daughter inherits on the death of her parents ceases to be her property the moment she marries in diga. The principle of inheritance is that the paternal prope

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