KANDYAN LAW

AN ORDINANCE TO DECLARE AND AMEND THE KANDYAN LAW

[1st January
, 1939 ]
Short title and application 1.
of Ordinance.
(1) This Ordinance may be cited as the Kandyan Law
Declaration and Amendment Ordinance.
(2) This Ordinance shall apply to persons subject to the
Kandyan law.
Interpretation 2. In this Ordinance, unless the context otherwise requires –
.
(a) ” gift” means a voluntary transfer, assignment, grant, conveyance,
settlement, or other disposition inter vivos of immovable property,
made otherwise than for consideration in money or money’s worth ;
(b) ” donor” means a person who has made a gift;
(c) ” donee ” means a person in whose favour a gift has been made ;
(d) ” the commencement of this Ordinance ” means the 1st day of
January, 1939.
I.. TRANSFER OF PROPERTY
Validity of deeds of 3. Any deed or instrument, executed after the commencement of this
disposition not to be Ordinance, whereby any property, movable or immovable, is
affected by absence of transferred, assigned, granted, conveyed, settled, or otherwise disposed
clause of disinherison. of, shall be of full force and effect according to the tenor of such deed
or writing notwithstanding the absence therein of any clause providing,
expressly or otherwise, for the disinherison of the heirs of the person
executing such deed or instrument.
Revocation of 4.
deeds of gift
(1) Subject to the provisions and exceptions hereinafter contained, a
donor may, during his lifetime and without the consent of the donee
or of any other person, cancel or revoke in whole or in part any gift,
whether made before or after the commencement of this Ordinance,
and such gift and any instrument effecting the same shall thereupon
become void and of no effect to the extent set forth in the instrument
of cancellation or revocation:
Provided that the right, title, or interest of any person in any
immovable property shall not, if such right, title, or interest has
 accrued before the commencement of this Ordinance, be affected or
prejudiced by reason of the cancellation or revocation of the gift to
any greater extent than it might have been if this Ordinance had not
been enacted.
Method of (2) No such cancellation or revocation of a gift effected after the
revocation. commencement of this Ordinance shall be of force or avail in law
unless it shall be effected by an instrument in writing declaring that
such gift is cancelled or revoked and signed and executed by the
donor or by some person lawfully authorized by him in accordance
with the provisions of the Prevention of Frauds Ordinance or of the
Deeds and Documents (Execution before Public Officers) Ordinance.
Deeds of gift 5.
which cannot
be revoked. (1) Notwithstanding the provisions of section 4 (1), it shall not be
lawful for a donor to cancel or revoke any of the following gifts
where any such gift is made after the commencement of this
Ordinance :-
Gift to a (a) any gift by virtue of which the property which is the
temple. subject of that gift shall vest in the trustee or the
controlling viharadhipati for the time being of a temple
under the provisions of section 20 of the Buddhist
Temporalities Ordinance or in any bhikkhu with
succession to his sacerdotal pupil or pupils or otherwise
than as pudgalika for the benefit of himself and his heirs,
executors, administrators or assigns ;
Gift in (b) any gift in consideration of and expressed to be in
considerationconsideration of a future marriage, which marriage has
of marriage. subsequently taken place ;
Gift
effecting a (c) any gift creating or effecting a charitable trust as
charitable defined by section 99 of the Trusts Ordinance ;
trust.
Gift where (d) any gift, the right to cancel or revoke which shall have
right to been expressly renounced by the donor, either in the
revoke is instrument effecting that gift or in any subsequent
renounced. instrument, by a declaration containing the words ” I
renounce the right to revoke ” or words of substantially
the same meaning or, if the language of the instrument be
not English, the equivalent of those words in the language
of the instrument:
Provided that a declaration so made in any such
subsequent instrument shall be of no force or effect unless
such instrument bears stamps to the value of five rupees
and is executed in accordance with the provisions of the
 Prevention of Frauds Ordinance or of the Deeds and
Documents (Execution before Public Officers) Ordinance.
(2) Nothing in this section shall affect or be deemed to affect the
revocability of any gift made before the commencement of this
Ordinance.
Compensation 6.
for revocation.
(1) Upon the cancellation or revocation of any gift, the donor shall
be liable to pay to the donee compensation in such sum as shall
represent the cost of any improvements to the property effected by
the donee, after deducting the rents and profits received by him,
and the expenses incurred in the fulfillment of the conditions, if
any, attached to the gift, provided that if the donee has made
default in the fulfillment of any such conditions, no compensation
shall be payable to him in respect of the improvements or
otherwise.
(2) Such compensation shall be payable to any donee otherwise
entitled thereto whether or not he would be an heir at law of the
donor in the event of such donor dying intestate,
(3) In this section ” donee ” includes any person who has
succeeded to the title of the donee under the gift.
II..
ADOPTION
Method of 7.
adoption.
(1) No adoption effected after the commencement of this Ordinance
shall avail in law to create any right or liability unless it be evidenced
by an instrument in writing with the consent of the person adopted
expressed in the instrument and signed by both the adopter and the
person adopted, in the presence of –
(a) a District Judge, or
(b) a licensed notary and two witnesses:
Provided that if the person adopted be a minor, such consent may be
given and such instrument signed on his behalf by his parents or, if
only one parent is alive, by that parent; but if there is no surviving
parent or if either of his parents cannot be found or is incapable of
acting in this behalf by reason of unsoundness of mind, ill health, or
other incapacity, the District Court having local Jurisdiction over the
place where the minor ordinarily resides may, upon petition made to
such court by any person interested and after such inquiry as the court
may deem necessary, appoint any person or persons to give such
consent and to sign such instrument.
 For the purposes of the Civil Procedure Code and of the Stamp
Ordinance or the Stamp Duty Act, No. 43 of 1982 an application to the
District Court under this section shall be deemed to be an action of the
value of one hundred rupees.
(2) No stamp duty shall be payable or chargeable in respect of any
instrument of adoption executed in accordance with the provisions of
subsection (1) or of any application to a court made under that
subsection.
Rights of 8.
person
adopted. (1) On the death of the adopter intestate, a person duly adopted,
whether before or after the commencement of this Ordinance, shall
have such right of succession to his estate as if he were a legitimate
child of the adopter, that is to say, if the adopter leave him surviving no
child or descendant of a deceased child, then as an only child, or if the
adopter leave a child or children or a descendant of a deceased child,
then to the same extent and in like manner as a child, and if married in
binna or in diga as the case may be, then as a child so married ; but the
person adopted shall, by virtue of the adoption, have no right of
succession to any person other than the adopter.
Adopter not (2) The adopter shall not, by virtue of the adoption, acquire any right to
to succeed. succeed to the estate or any part thereof of the person adopted on his
death intestate.
Person (3) Notwithstanding the adoption, the person adopted shall continue to
adopted have such right of succession to his or her own parent or parents, or any
succeeds to other person, as he or she would have had if the adoption had not been
own parents effected.
or relations.
Adoption not (4) A duly effected adoption shall not be cancelled or revoked, and no
to be cancellation or revocation shall affect any right or liability arising out
revoked. of the adoption.
III.. MARRIAGE
Binna and 9.
diga
marriages. (1) A marriage contracted after the commencement of this Ordinance
in binna or in diga shall be and until dissolved shall continue to be,
for all purposes of the law governing the succession to the estates of
deceased persons, a binna or a diga marriage, as the case may be, and
shall have full effect as such ; and no change after any such marriage
in the residence of either party to that marriage and no conduct after
any such marriage of either party to that marriage or of any other
person shall convert or be deemed to convert a binna marriage into a
diga marriage or a diga marriage into a binna marriage or cause or be
deemed to cause a person married in diga. to have the rights of
 succession of a person married in binna, or a person married in binna
to have the rights of succession of a person married in diga.
(2) Where after the commencement of this Ordinance a woman leaves
the house of her parents and goes out in diga with a man, but does not
contract with that man a marriage which is valid according to law, she
shall not by reason only of such departure or going out forfeit or lose
or be deemed to have forfeited or to have lost any right of succession
to which she is or was otherwise entitled on the death of any person
intestate.
IV.. INHERITANCE: IMMOVABLE PROPERTY
“Paraveni 10.
property ‘
(1) The expressions “paraveni property” or ” ancestral property ” or ”
inherited property ” and equivalent expressions shall mean immovable
property to which a deceased person was entitled –
(a) by succession to any other person who has died
intestate, or
(b) under a deed of gift executed by a donor to whose estate
or a share thereof the deceased would have been entitled to
succeed if the donor had died intestate immediately prior to
the execution of the deed, or
(c) under the last will of a testator to whose estate or a share
thereof the deceased would have been entitled to succeed
had the testator died intestate:
Provided, however, that if the deceased shall not have left
him surviving any child or descendant, property which had
been the acquired property of the person from whom it
passed to the deceased shall be deemed acquired property of
the deceased.
Partition of (2) Where the paraveni property of any person includes a share in any
paraveni immovable property of which that person is a co-owner, any divided
property. part of or interest in that property which may be assigned or allotted to
that person by any deed of partition executed, or by any decree for
partition entered by a court, after the commencement of this Ordinance,
shall for all purposes be and be regarded as paraveni property of that
person.
Acquired (3) Except as in this section provided, all property of a deceased person
property. shall be deemed to be acquired property.
” Paternal (4) The expressions “paternal paraveni” and ” maternal paraveni ” and
paraveni ” ; similar or equivalent expressions shall be deemed to mean paraveni
“maternal property as herein before described derived from or through the father
paraveni “. or from or through the mother, as the case may be.
widow.11.
(1) When a man shall die intestate after the commencement of this
Ordinance leaving a spouse him surviving, then –
(a) the surviving spouse shall be entitled to an estate for life in
the acquired property of the deceased intestate, and, if there be
no acquired property, or if such property be insufficient for her
maintenance, then to maintenance out of the paraveni
property :
Provided that if the deceased intestate shall have left a child or
descendant by a former marriage, the surviving spouse’s life
estate shall extend to only one-half of the acquired property ;
Provided, further, that the surviving spouse shall out of her
estate for life in the acquired property be bound to maintain the
legitimate children of the deceased –
(i) if such children are minors and in need of
maintenance ; and
(ii) if the deceased left no paraveni property or if
such paraveni property is insufficient for the
maintenance of such children;
Re- (b) if the surviving spouse shall contract a diga marriage, she
marriage of shall cease to be entitled to maintenance out of the paraveni
widow. property of the deceased but shall not by reason of such re-
marriage forfeit her aforesaid life estate in the acquired
property ;
Widow an (c) should the surviving spouse be an ewessa cousin of the
ewessa deceased intestate, she shall not thereby become entitled to any
cousin. share in the estate larger than that to which she would
otherwise have become entitled ;
when (d) in the event of the deceased leaving him surviving no other
widow heir, the surviving spouse shall succeeds to all his property
succeed to both paraveni and acquired.
paraveni
(2) In this section ” maintenance ” when used with reference to any
property, whether paraveni or acquired, means maintenance out of the
income of such property.
Daughter 12.
married in diga
after father’s (1) The diga marriage of a daughter after the death of her father
death. shall not affect or deprive her of any share of his estate to which
she shall have become entitled, upon his death, provided that if
within a period of one year after the date of such marriage the
 brothers and binna-married sisters of such daughter or any one or
more of them, but if more than one then jointly and not severally,
shall tender to her the fair market value of the immovable property
constituting the aforesaid share or any part thereof, and shall call
upon her to convey the same to him or her or them, such daughter
shall so convey and shall be compellable by action so to do.
(2) In this section ” marriage” means a marriage contracted after
the commencement of this Ordinance.
Issue of two 13. “When a man shall die intestate after the commencement of this Ordinance
marriages : per leaving him surviving issue by two or more marriages, such issue and the
capita. descendants of any predeceased child or children shall inherit inter se in all
respects as if there had been but one marriage and the estate of the deceased shall
not descend per stripes to the issue of each marriage according to the number of
marriages.
Legitimate and 14 For the purposes of succession to the estate of any person who shall die
illegitimate. intestate after the commencement of this Ordinance the term “legitimate” shall
mean born of parents married according to law and the term, ” illegitimate ” shall
mean born of parents not married according to law :
Provided that a legal marriage between any parties shall have the effect of rendering legitimate
any children who may have been procreated between the same parties before the marriage,
unless such children shall have been procreated in adultery.
Illegitimate 15. When a man shall die intestate after the commencement of this Ordinance
children. leaving an illegitimate child or illegitimate children –
(a) such child or children shall have no right of inheritance in respect
of the paraveni property of the deceased ;
(b) such child or children shall, subject to the interests of the
surviving spouse, if any, be entitled to succeed to the acquired
property of the deceased in the event of there being no legitimate
child or the descendant of a legitimate child of the deceased ;
(c) any such child shall, subject to the interests of the surviving
spouse, if any, be entitled to succeed to the acquired property of the
deceased equally with a legitimate child or the legitimate children, as
the case may be –
(i) if the deceased intestate had registered himself as the
father of that child when registering the birth of that child ;
or
(ii) if the deceased intestate had in his lifetime been
adjudged by any competent court to be the father of that
child.
Succession to person 16. If a person shall die intestate after the commencement of this
dying intestate leaving Ordinance leaving him or her surviving parents, whether married in binna
no surviving spouse or or in diga, or a parent, but no child or descendant of a child and no
descendant. surviving spouse, then –
Father and (a) the parents in equal shares, or if one only be alive, then
mother. that one shall, if there be surviving any brother or sister of the
deceased or the descendant of a brother or sister, be entitled to
a life estate in the acquired property of the deceased. The
right of a sole surviving parent shall arise and continue
whether or not the other parent shall have died before the
deceased intestate ;
Brothers (b) on the death of the surviving parent, the acquired property
and sisters. shall, subject to the provisions of section 17, devolve upon the
brother or sister or brothers and sisters, or the descendant or
descendants of any deceased brother or sister by
representation ;
When no (c) if there be no brother or sister or descendant of a deceased
surviving brother or sister, the parents in equal shares, or the surviving
brother or parent as the case may be, shall become entitled to the
sister. property;
Paternal (d) the father, or if the father be dead the next heir or heirs on
paraveni the father’s side, shall inherit the paternal paraveni, and the
and mother, or if the mother be dead the next heir or heirs on the
maternal mother’s side, shall inherit the maternal paraveni. The mother
paraveni. shall not inherit paternal paraveni unless there be surviving no
heir on the father’s side, and in like manner the father shall
not inherit maternal paraveni unless there be surviving no heir
on the mother’s side.
Brothers and sisters 17. In the devolution of the estate of any person who shall die intestate after
inter se always the commencement of this Ordinance,
inherit as sons and,
daughters. (a) whenever the estate or any part thereof shall devolve upon
heirs other than a child or the descendant of a child, and such
heirs are in relation to one another brothers or sisters, or
brothers and sisters, or the descendants of any deceased brother
or sister, such heirs shall inherit inter se the like shares and in
like manner as they would have done had they been the children
or descendants of the deceased intestate ;
The half- (b) whenever the estate or any share thereof shall devolve upon
blood per heirs who in relation to one another are of the half-blood, such
capita. heirs inter se shall inherit per capita and the estate shall not
descend to them per stripes.
Succession to woman 18.
married in diga or
married in binna on (1) When a woman unmarried, or married in diga, or married
mother’s property in binna on her mother’s property, shall die intestate after the
commencement of this Ordinance leaving children or the
descendants of a child or children, the estate of the deceased
shall devolve in equal shares upon all such children, (the
descendant or descendants of any deceased child being entitled
to his or their parent’s share by representation) whether male
or female, legitimate or illegitimate, married or unmarried,
and, if married, whether the marriage be in binna or in diga:
Provided that if the deceased was married in binna as
aforesaid, an illegitimate child or children shall not be entitled
to succeed to the paraveni property of the deceased;
Provided, further, that the descendant of a deceased child shall
be entitled to that child’s share by representation whether or
not he or she has been kept apart from the deceased intestate.
Woman (2) When a woman married in binna on her father’s property
married in shall die intestate after the commencement of this Ordinance
binna on leaving children or the descendants of a child or children, such
father’s child or children, and his or their descendant by representation,
property. shall be entitled to succeed inter se in like manner and to the
like shares as they would have become entitled out of the
estate of their father :
Provided that if the deceased was married in binna as aforesaid
an illegitimate child or children shall not be entitled to succeed
to the paraveni property of the deceased.
Rights of diga 19. On the death intestate of a woman married in diga, leaving a surviving
widower on death of spouse but no child or descendant of a child, such surviving spouse shall not
spouse intestate and be entitled, and shall not be deemed to have been at any time entitled, to any
issueless. part of the immovable property of the deceased other than the part
[ 2, 25 of 1944.] consisting of the acquired property to which the deceased became entitled
subsequent to and during the subsistence of such marriage in diga.
V.. INHERITANCE : MOVABLE
PROPERTY
Heirlooms and 20. Heirlooms and live and dead stock appertaining to immovable property
movables to which a person has become entitled as paraveni property as defined by
appertaining to section 10 shall, on his dying intestate after the commencement of this
paraveni. Ordinance, devolve in like manner as immovable property and the following
provisions of this Ordinance shall not apply thereto.
The widow’s 21. When a man shall die intestate after the commencement of this Ordinance
paraphernalia. leaving a surviving spouse she shall be entitled to all wearing apparel,
jewellery and ornaments used by her or provided for her use by her deceased
husband.
The widow 22. When any person shall die intestate after the commencement of this Ordinance
or widower. leaving a surviving spouse and a child or children, or the descendant of any
deceased child entitled to represent his or her parent, the surviving spouse, whether
the marriage was in binna or in diga, shall succeed in like manner and to a like share
of all the movable property of the deceased whenever obtained, as if he or she had
been a legitimate child of the deceased.
All children 23. Subject to the aforesaid right of the surviving spouse, if any, the movable
inherit property of any person who shall die intestate after the commencement of this
equally. Ordinance shall devolve in equal shares upon all his or her surviving children (the
descendant or descendants of any deceased child being entitled to his or her or their
parent’s share by representation) whether male or female, legitimate or illegitimate,
married or unmarried, and, if married, whether the marriage be in binna or in diga :
Provided that if the deceased was a male person an illegitimate child shall not succeed if there be
surviving any legitimate child or the descendant of a legitimate child ;
Provided further that the issue of a legitimate child inter se shall succeed in like manner.
When there is no 24. When any person shall die intestate after the commencement of this
surviving child or Ordinance leaving no child or descendant of any deceased child, the
descendant. surviving spouse, if any, shall succeed to all the movable property of the
deceased.
VI.. GENERAL
Assistance and 25. A person who has rendered assistance and support or any other benefit
support not to affect to a person who has subsequently died intestate, shall not by reason of such
rights of succession. assistance, support, or benefit, become entitled to succeed to any interest in
the estate of such deceased intestate to which he would not have become
entitled had such assistance, support or benefit not been rendered.
Saving existing 26. Nothing in this Ordinance shall be deemed to affect or render invalid any
judgments, existing judgment, decree, or order of a court of competent jurisdiction in
decrees, or orders. respect of any property or the right, title or interest of any person in respect of
property the subject-matter of the action in which such judgment, decree, or
order was given, passed, or made.
Ordinance not to have 27. The provisions of this Ordinance shall not have, and shall not
retrospective effect unless be deemed or construed to have, any retrospective effect except in
expressly so provided. such cases where express provision is made to the contrary.

Chapter 59, Volume No.3 Page No.39