Francis Daniel David V. David

1929. Present: Fisher C.J. and Drieberg J.

FRANCIS DANIEL DAVID v. DAVID et al.

159-D. C. (Inty.) Jaffna, 22,900.

Thesawalamai-Females inherit from females-Application of principle to unmarried sister-Conditional gift-Estoppel.

Where, under the Thesawalamai, a married woman died without issue, leaving an unmarried sister and three brothers-

Held, that the sister was entitled to succeed to the dowry property of the intestate to the exclusion of the brothers.

Held also, that where the surviving sister accepted a conditional - gift of the shares of the brothers on the footing that she was entitled to a one-fourth share, the sister was not estopped from claiming title to the whole land.

THIS was an action for declaration of title to one-fourth share of a land, which belonged to one Maria, who died leaving as her heirs three brothers and one unmarried sister. The parties were

governed by the Thesawalamai, and the question in issue was whether 1929. the property, which was dowered on Maria by parents, devolved on Francis the brothers and the sister in equal shares, or solely on the sister. The learned District Judge held that the si

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