078-nlr-nlr-v-03-in-the-matter-of-the-intestate-of-bandadeceased-malagomuwa-ram-menikaapplicant
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In the Matter of the Intestate Estate of BANTJA, Deceased.
MALAGOMTJWA B A M MENIKA, Applicant for Letters of
Administration, and DINGIBI B A N D A , K O B A L A , Respondent
N E L L O W A TJKKTJ AMMA, Opposing Petitioner.
D. C. [Testamentary), Kurunegala, 576.
Testamentary jurisdiction—Application for letters of administration—
Petition of opposition and prayer that opponent may be recognized
as an heir of the intestate—Omission to name opponent as an heir
in applicant’s petition— When such issue may be raised—Civil
Procedure Code, sa. 530 and 533—Kandyan widow’s right under
s. 531.
The question whether a person, not named as a respondent to the
petition for letters of administration, is an heir of the intestate,
may be tried an an issue between the applicant and opponent at
the earliest opportunity.
T N this matter the applicant, as the widow of the late Malagomuwa Ratemahatmaya, applied for letters of administration
to his estate, naming in his petition her son (the respondent) as
the only heir of the intestate. The opposing petitioner, alleging
to be the daughter of the intestate by his first wife, filed a petition
of opposition, and prayed that her name may be added on the
record as an heir, and that she may de declared entitled to joint
administration with the applicant. The applicant denied that
the opposing petitioner was the daughter or an heir, of the
intestate, and contended that the petition of the opponent was
premature, and that she should wait to prefer her claim to be
named an heir till > the assets were ready for distribution. The
matter came on for hearing on 5th August, 1897, when the
Acting District Judge (Mr. J. S. Drieberg) made the following
order :—
” Petitioner, Ram Menika, has applied to administer the estate of
” her husband, Tennekon Mudiyanselage Banda, Ratemahatmaya,
” naming herself and her son, the respondent, as heirs. The
” opposing petitioner, Ukku Amma, alleges that she is the
” daughter of the deceased by his first wife, Kiri Menika, and as
” such is an heir of the deceased along with the petitioner Ram
” Menika and her son Dingiri Banda.
” The opposing petitioner prays that her name may be entered
” in the record as an heir of the intestate, and that she may be
” declared entitled to a