Senaratne v. Senaratne and Others – sllr 2002 volume 1 page 057

In the case between the 1st respondent-appellant (a daughter of the late A. M. Senaratne) and other heirs of the Senaratne estate, the court considered whether rights in an immovable property vested by deed could be varied by oral evidence of an alleged undertaking, and if any such promise regarding a share of the estate could be enforced without a properly executed document. The decision held that upon death, an intestate’s rights immediately vest in the heirs, and a deed of gift executed by the heirs could not be altered by subsequent oral evidence lacking notarial attestation. Restoring the District Court’s original order, it was determined that the deed’s terms remain unaltered absent sufficient legal documentation, and costs were imposed on the 2nd respondent-substituted petitioner. K