Palate Gedera Gunadasa vs Palate Gedera Marywathy – SC APPEAL NO. 82/2008-2010

In the case between Palate Gedera Gunadasa, Pradeshiya Sabawa, Medirigiriya and Palate Gedera Marywathy, Parana Pola Asala, Diyasenpura, the court examined the validity of a nomination of successor to land under Section 60 of the Land Development Ordinance. It was determined that a nomination, to be effective, must be registered prior to the death of the original permit-holder. As the relevant registration (document P5) was effected posthumously, the nomination was held to be invalid. The Supreme Court set aside the High Court order and affirmed the District Court judgment, which had ruled against the validity of the late registration, thereby disallowing the succession claimed on its basis. The principle reaffirmed is that statutory requirements of registration timing under Section 60 of