Piyaratne v. Ceciliyana De Silva and Another – sllr 2002 volume 3 page 414

In the case between Piyaratne (plaintiff) and Ceciliana de Silva and another (defendants), the court addressed the legal issue of whether Alice de Silva, the mother of the 2nd defendant-appellant, possessed the mental capacity to execute a deed of gift (Deed No. 1671, P1) on April 1, 1976. It was determined that the evidence presented, which primarily consisted of direct witness testimony and was unsupported by medical documentation, was insufficient to establish unsoundness of mind. The court reaffirmed the principle that the evidentiary burden to prove incapacity rests with the party alleging unsoundness, and that abnormal or eccentric behavior alone does not constitute legal incapacity absent proof that such mental condition motivated the transaction. Reliance was placed on sections 101

REF: sllr 2002 volume 3 page 414 Category: Tag:
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