Ukku Banda Et Al V. Ukku Banda

1946 Present: Keuneman S.P.J. and Canekeratne J.

UKKU BANDA et al., Appellants, and UKKU BANDA,

Respondent.

4-D. C. (Inty) Kegalla, 3,008.

Kandyan law-Inheritance-Death of married woman-Succession to acquired property-Equal rights of brothers and sisters.

Where a Kandyan married woman died intestate and issueless leaving a brother and two sisters, and her father, mother and husband had predeceased her-

Held, that her acquired property passed to her brother and sisters equally.

APPEAL from a judgment of the District Judge of Kegalla.

The question for decision was whether when a Kandyan married woman dies intestate and issueless, her father, mother and sister having predeceased her, her acquired property passes to her brothers only or to her brothers and sisters equally.

H. V. Perera, K. C. (with him E. A. P. Wijeyeratne), for the third and fourth defendants, appellants-The question for decision in whether when a Kandyan woman dies intestate leaving a brother and sisters of the whole blood they all succeed equally to her acquired property or whether the brother excludes the sisters. The latter view was taken by the trial Ju

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