Gunerathamy V. Manuel Appuhamy

1927 Present : Garvin and Lyall Grant JJ. 

GUNERATHAMY v. MANUEL APPUHAMY.

133-D. C. Kurunegala, 11,039.

Kandyan law-Deed of gift of all landed property-Disinherison of heir-Clause of disinherison-Gift absolute and irrevocable.

A deed of gift by a Kandyan parent of all his landed property is inoperative against his heirs unless it contains a clause of disinherison.

No particular formula is necessary for disinheriting an heir so long as there appears in the deed language which discloses an intention to disinherit.

Per Garvin J., Semble.?The requirement of a clause of disinherison must be limited to cases in which the donor has not expressly renounced his right of revocation nor manifested an intention that his grant was to have the effect of an absolute and irrevocable disposition.

APPEAL from a judgment of the District Judge of Kurunegala. Plaintiff, the minor son of one Malhamy claimed to be declared entitled to the subject-matter of the action as the sole heir of his father. The defendant resisted the claim on a deed of
1 9 N. L. R. 142.

gift made in his favour by Malhamy. This deed was attacked on two grounds: (1) that i

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