Sangaramorthy Et Al. V. Candappa Et Al.,

1932 Present: Garvin S.P.J. and Lyall Grant J.

SANGARAMORTHY et al. v. CANDAPPA et al.

429-433-D. C. Colombo, 20,984.

Mutual will-Spouses married in community of property-Massing of whole estate-Life interest of survivor-Gifts to children-Vesting of inheritance -Dominium in survivor-Sale of property against survivor for default in payment of rates-Interest of defaulter-Municipal Council; Ordinance.. No. 17 of 1865, ss. 83 and 85.

A certificate of sale issued under section 85 of the Municipal Councils Ordinance, No. 17 of 1865, passed to the purchaser at the sale nothing more than the title of the defaulter.

What the Council is authorized to seize and sell is the property of the person who is " the proprietor " for the time being.

Where under a mutual will of spouses, married in community of property, each spouse, with the consent of the other, dealt with the common estate, subject to the life interest of the survivor, the survivor remains vested with the dominium to half the common estate, notwithstanding the fact that first dying spouse has, with his consent, executed a will by which he bequeathed the whole.

When

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