Parameshwary Upali De Silva vs I.Savithiri Lokitharajah – CA NO: 203/98 F -2011

In the case between Parameshwary Upali De Silva (nee Parameshwary Velupillai) and Savithiri Lokitharajah (nee Savithri Velupillai) among others, the court addressed the issue of entitlement to probate in respect of the last will and testament of the late Dr. Alagaratnam Velupillai. It was held that the petitioner was not entitled to probate, as the District Court correctly dismissed the application following substantiated objections that the properties mentioned in the will had already been gifted during the deceased’s lifetime. The court reaffirmed the principle that once valid objections to probate are made and supported by evidence, the burden shifts to the petitioner to further prove the claim or adduce additional evidence. This decision relied on the procedural requirements of the Civ