Dilipan Thyagarajah & Dhara Levers vs. Liyanage Dilshan Keerthi Prasanna, Merennage Kingsley de Costa, Niluka P. Withanachchi – SC APPEAL NO. 44/2019-2022
In the case between Dilipan Thyagarajah and Dhara Levers (alias Dhara Alycia Levers) and Liyanage Dilshan Keerthi Prasanna, Merennage Kingsley de Costa, and Niluka P. Withanachchi (Registrar of Lands, Land Registry, Gampaha), the court addressed the issue of whether an executor’s conveyance is a prerequisite for title to vest in a devisee under a probated Last Will, and whether a devisee, in the absence of an executor’s conveyance, constitutes a necessary party in proceedings concerning immovable property. It was held that title to immovable property vests in the devisee automatically upon the probate of a valid Last Will and is not contingent on further conveyance by the executor, reaffirming the established legal principle that probate itself is dispositive of title. This determination r

