Law of Succession - 2017
Law of Succession - 2017
Law of Succession - 2017
ALLSC21022
LAW OF SUCCESSION
1. Kajan was born in Mullaitivu and married Sella, a Jaffna girl, in 1990. As a result of
their marriage they had two children namely Thanu and Thanes. Kajan was his parents'
only child and was given the paddy lands in Mullaitivu, which were cultivated by his
paternal predecessors. In 1995, while he was working as a teacher in a reputed school
in Jaffna, he purchased a plot ofland in Thirunelveli out of his earnings. Later, he built
a house on it and the expenses were met by the disposal of the dowry land of Sella.
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Kajan got transferred to Trincomalee but his family stayed in Jaffna. He used to visit
and spend his time with his family in Jaffna during the weekends and holidays. One
day, while returning to Trincomalee, he met with an accident and died on the spot.
(a) Sella and her children approached you. Advise them as to their inheritance rights
over the intestate properties of Kajan.
2. The Married Women's Property Ordinance No.18 of 1923 removed the disabilities
imposed on women by Roman Dutch Law Principles.
Do you agree? Is the above applicable to the special laws in Sri Lanka.
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3. (a) In Sri Lanka, the legitimacy of a child depends on the marital status of it's parents.
Moreover, children born out of wedlock are deprived of intestate succession rights
to their parents.
Critically analyse above statement by comparing the status of the extra-marital child
under the General law and the special laws of the country.
(b) Compare the law relating to intestate succession of an adopted child under
Muslim law and General Law.
4. "Matrimonial rights, obligations and inheritance rights of the spouses differ from one·
system of law to another."
Critically examine the above statement through a comparison of General Law with
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Kandyan Law. Your answer must be supported with relevant statutory provisions and
decided cases.
5. William, a Kandyan man, married Ana and by virtue of the marriage had two children
namely Maine and Kavin. Lally, is a daughter of William but born out of lawful
wedlock. Despite the love and affection shown by Ana and her children, William was
very much attached with Lally. Recently William found out that he was suffering from
blood cancer, and was told that he had only few months to live. He hence decided to
dispose of his entire property to Lally by a last will and spent the rest of his life with
Lally. He died 2 weeks after the execution of the Will which was executed without the •
attesttaion of a notary public and Lally's signature. Maine and Kavin claimed that Lally
unduly influenced William to execute the will in her favour.
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