Appuramy vs Kiri Menika – clr volume 3 page 081

In the case between the children of the deceased Hamy (plaintiffs) and the daughter/wife of Hamy (defendant), the court addressed the legal effect of a deed of gift under Kandyan law, specifically whether an explicit disinheritance clause is required for the validity of such a gift when the transaction is from husband to wife. It was held that the absence of a formal clause expressly disinheriting heirs does not invalidate the deed in modern contexts, reaffirming the principle that historical formalities may be dispensed with where the rationale no longer applies. This decision relied on the evolving interpretation of Kandyan customary law and precedent, emphasizing that mere omission of a disinheritance clause does not defeat a gift from husband to wife, and remanding unresolved factual q