Karanchy Hamy vs Ango Hamy – clr volume 3 page 093

In the case between the heirs of Singho Appu (including the appellants) and, among others, Babunhamy (alleged concubine, first defendant) and her children, the court addressed the question of whether children and a partner from a relationship arising during an existing lawful marriage could inherit from the deceased’s intestate estate, and the validity of a deed of donation conferring benefits upon them. The decision held that, consistent with Roman Dutch Law and Ceylonese statutes governing matrimonial incapacity and inheritance, the purported marriage contracted while the lawful spouse was alive was considered void and precluded succession rights for the relevant children. The validity of the donation was analyzed against both the rules of prescription and statutory amendments, leading t