4. Conditions for the registration of instruments relating to the transfer of title of lands

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The Registrar of Lands shall not register an instrument effecting any transfer of title referred to in section 2, under the provisions of the Registration of Documents

Ordinance, unless such registrar of lands is satisfied that such transfer is in compliance with the provisions of this Act.

(2)

(a)

Notwithstading the provisions of subsection (1), an instrument effecting, the transfer of title of a land to a next of kin (who is a foreigner) of an owner of such land, shall be registered by the Registrar of Lands, where the notary public attesting such instrument of transfer certifies in his attestation that the transferee is the next of kin of the owner of the land transferred, as recongized by the applicable laws of succession of Sri Lanka.

(b)

Where any question arises whether a person is the next of kin of the owner of the land or which law is applicable to the succession, the Registrar of Lands shall refer the matter to the District Court having jurisdiction over the area in which the relevant land is situated, for a determination through summary proceeding.

(3)

Where the title of a land is transferred to a company incorporated in Sri Lanka under the Companies Act, with less than fifty per cent of foreign shareholding, it shall be the duty of the Registrar of Lands to confirm himself whether the foreign shareholding of such company is less than fifty per cent, by requiring the secretary of such company to submit documentary proof to the effect that the foreign shareholding of such company is less than fifty per cent of the total number of shares issued for the time being.

(4)

(a)

The secretary to the relevant company shall inform the Registrar of Lands in writing in every six months period commencing from the date of the registration of the relevant deed of transfer, that the foreign shareholding of such company has not exceeded fifity per cent of the total number of shares issued by such company, during the said period of six months.

(b)

Where the foreing shareholding of a company referred to in paragraph (a) reaches or exceeds fifty per cent the relevant Registrar of Land shall make a note to that effect in the relevant folio.

(5)

For the purposes of this section “Registrar of Lands”

means the respective Registrar of Lands of the land registry, to whom the instrument of transfer is presented for registration.

Read on from s 5