University of Jaffiia, Sri Lanka

Department of Law, Faculty of Arts

BACHELOR OF LAWS EXAMINATION - YEAR 11, SEMESTER 1-2012

Law of Succession (ALLSC 21022)

Total No of Questions: 05

Answer THREE (03) Questions only

(Two Hours)

(Candidates will be penalized for illegible handwriting)

• 1. (a) Kathir and Nirmala who are Malabar inhabitants of the Northern Province married
in 1949. In 1957, Kathir purchased a land in Point Pedro out of the monies raised by
way of loan. When Kathir1~~nsferred to the Jaffna Land Registry in 1960, they rented
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out a house close to the Nallur tempk. In 1965, the landlord offered to sell that house to
Kathir and Nirmala and they bought the house out ofNirmala' s dowried money. Kathir
died in 1972 intestate and issueless , leaving behind his two brothers named Arun and
Suthan.
Arun and Suthan institute an action claiming one half share of the intestate property of
Kathir.
Assume that you are Nirmala's counsel and advise her as to the legal position with
regard to the action filed by Arnn and Suthan.

(b)"The women under general law is in a better position than under the Thesawalamai
Law".
Comment the above statement with reference to the !J>rovisions of Married Women's 1P
Property Ordinance, No. 18 of 1923.

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2. "The children born out of the marital relationship of persons under the Kandyan Law
are in a better position with regard to their rights of inheritance than under any other
law in Sri Lanka".
Do you agree? Critically evaluate the above statement, comparing the position under the
general law and special laws in Sri Lanka.

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3. (a) Discuss Ghouse v Ghouse (1986 I SLR 25) in relation to the adoption of children.

(b)"Revocation of a will can take place in different ways; however, specific legal
requirements must be strictly observed to effect a valid revocation of a will."
Discuss with reference to statutory provisions and decided cases.

4. Abeyasundaram, who had an extra-marital relationship with Rohini, was suffering from
cancer. He called Mr. Ravirajan who is a Notary Public, to Rohini's home where he
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stayed with her and their twenty year old son namely Vimal and instructed Mr.
Ravirajan to draft the last will. The last will was executed five days later in a hospital,
when Abeyasundaram was receiving treatment in a critical condition. Mr. Ravirajan
attested such last will as the Notary Public to which Rohini 's half brother known as
Roshan and the nurse attending on Abeyasundaram known as Nilmini signed as
witnesses. By j,J;f his last will, Abeyasundaram bequeathed all his properties to his
illegitimate son Vimal. He also appointed Rohini as the executrix of the last will.
Abeyasundaram died the following day.

Mrs. Sathya Abeyasunderam (the lawful wife of the deceased) who was in Canada at
the time of the execution of last will returned to the funeral. Now, she contests the
validity of the last will on the grounds that her husband lacked testamentary capacity at
the time the last will was executed and that there was undue influence exercised on him
by Rohini and Vimal.

Discuss with reference to relevant statutory and judicial authority, the legal issues
arising out of the above factual scenario and comment on the legal provisions on these
issues.

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 5. "The legislature in codifying the Kandyan law had altered the substantive principle
relating to the acquisition ofBinna rights."

Do you agree with the approach of the legislature? Discuss with reference to statutory
provisions and judicial authority .