Kandyan Law Declaration
and Amendment Ordinance

Arrangement of Sections

1. Short title.

2. Interpretation.

I

TRANSFER OF PROPERTY

3. Validity of deeds of disposition not to be affected by absence of clause of disinherison.

4. Revocation of deeds of gift.

5. Deeds of gift which cannot be revoked.

6. Compensation for revocation.

II

ADOPTION

7. Method of adoption.

8. Rights of person adopted.

III

MARRIAGE

9. Binna and Diga marriages.

IV

INHERITANCE: IMMOVABLE PROPERTY

10. "Paraveni property”.

11. Widow.

12. Daughter married in Diga after father's death.

13. Issue of two marriages: per capita.

14. Legitimate and illegitimate.

15. Illegitimate children.

16. Succession to person dying intestate leaving no surviving spouse or descendant.

17. Brothers and sisters inter se always inherit as sons and, daughters.

18. Succession to woman married in Diga or married in Binna on mother's property

19. Rights of Diga widower on death of spouse intestate and issueless.

V

INHERITANCE: MOVABLE PROPERTY

20. Heirlooms and movables appertaining to Paraveni.

21. The widow's paraphernalia.

22. The widow or widower.

23. All children inherit equally.

24. When there is no surviving child or descendant.

VI

GENERAL

25. Assistance and support not to affect rights of succession.

26. Saving existing judgments, decrees or orders.

27. Ordinance not to have retrospective effect unless expressly so provided.

39 of 1938,

25 of 1944.

AN ORDINANCE to declare and amend the Kandyan Law in certain respects.

[Date of Commencement: 1st January, 1939]

1. Short title.

(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.

2. Interpretation.

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

3. Validity of deeds of disposition not to be affected by absence of clause of disinherison.

Any deed or instrument, executed after the commencement of this Ordinance, whereby any property, movable or immovable, is transferred, assigned, granted, conveyed, settled, or otherwise disposed 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.

4. Revocation of 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 revocation.

(2) No such cancellation or revocation of a gift effected after the 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.

5. Deeds of gift 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—

(a) Gift to a temple,

any gift by virtue of which the property which is the 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;

(b) Gift in consideration of marriage,

any gift in consideration of and expressed to be in consideration of a future marriage, which marriage has subsequently taken place;

(c) Gift effecting a charitable trust,

any gift creating or effecting a charitable trust as defined by section 99 of the Trusts Ordinance;

(d) Gift where right to revoke is renounced,

any gift, the right to cancel or revoke which shall have been expressly renounced by the donor, either in the instrument effecting that gift or in any subsequent 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.

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