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DINGIRI v. UNDIYA


Dingiri V. Undiya

Present: Shaw J. and De Sampayo J

DINGIRI v. UNDIYA et al.

431-D. C. Kegalla, 4,534.

    Kandyan law-Husband dying leaving behind widow and illegitimate children-Life interest of widow.

A Kandyan widow is entitled to a life interest in the whole of the acquired property of her husband to the exclusion of her husband's illegitimate children.

KIRIBANDIYA, a Kandyan, died leaving a childless ." widow (who married a second time after Kiribandiya died) and an illegitimate child, the second defendant, a minor, who appeared by his guardian, first defendant.

The widow (plaintiff) claimed in this action a life interest in the entire property, which consisted of only the acquired property of the deceased.

The second defendant contended that plaintiff was entitled to a life interest in one-half of the property, and that second defendant was entitled to the entirety of the property and to a life interest in one-half. The District Judge upheld the contention.

The plaintiff appealed.

J. W. de Silva, for the appellant.-The learned Judge is wrong in deciding that the plaintiff was entitled to possession of only one-half. Her second marriage does not d



























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