Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 279

No action maintainable to recover property of testator or intestate of over twenty thousand rupees unless probate or administration has been granted

279. No action shall be maintainable for the recovery of any property, movable or immovable, in Sri Lanka belonging to or included in the estate or effects of any person dying testate or intestate in or out of Sri Lanka, within twenty years prior to the date of the institution of the said action, where such estate or effects amount to or exceed in value the sum of twenty thousand rupees unless grant of probate or letters of administration shall first have been issued. In the event of any such property being transferred in any manner other than under the provisions of paragraph (c) of section 296 or under section 28 of the Estate Duty Ordinance without such probate or administration being so first taken out, every transferor and transferee of such property shall be guilty of an offence, and in addition to any penalty imposed under this Law, it shall be lawful for the State to recover from such transferor and transferee or either of them, such sum as would have been payable to defray estate duty. The amounts so recoverable shall be a first charge on the estate or effects of such testator or intestate in Sri Lanka, or any part of such estate or effects, and may be recovered by action accordingly.


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