Act of Parliament · As enacted
Registration of Documents (Amendment) Act 2022
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Registration of Documents
(Amendment) Act, No. 32 of 2022.
s 2Amendment of section 32 of Chapter 117
Section 32 of the Registration of Documents Ordinance
(Chapter 117) (hereinafter referred to as the “principal enactment”) is hereby amended as follows:-
by the repeal of subsection (1) thereof and the substitution therefor of the following subsection: -
“(1) (a) A person (hereinafter referred to as the
“caveator”) who
has a right, title or interest; or
claims to have a right, title or interest, to a land, an undivided land, a land parcel or a condominium parcel (hereinafter in this section referred to as the “land”) may present for registration a caveat substantially in
Form VIII of the Second Schedule hereto requiring him to be served a notice of the presentation for registration of any instrument affecting such land.
Every caveat presented for registration shall–
be in duplicate and accompanied by an affidavit of the caveator together with a certificate issued by an Attorney-at-law
Act, No. 32 of 2022
substantiating the right, title or interest in the land or claims to a right, title or interest in the land of the caveator;
be accompanied by such number of copies of the notice set out in Form X of the Second Schedule hereto together with stamped envelopes, to be served on the owners of the land whose names and addresses are given in the relevant volume and folio in which such land is registered, where the caveator is not the owner;
be accompanied by a certified copy of the original of the Power of Attorney duly registered with the Registrar
General or the Registrar of the relevant
Land Registry or the Registrar of Title
(hereinafter in this section referred to as the “Registrar”) where the caveator is a holder of a Power of Attorney
(hereinafter in this section referred to as the “attorney”); and
contain the name, signature and the
National Identity Card number or the passport number or the driving licence number and address of the caveator in
Sri Lanka at which notices relating to the caveat shall be served, the date of the caveat, the names and addresses of the persons to whom the notice of the caveat shall be sent where the caveator is not the owner, the right, title or interest in the land claimed by the caveator, grounds in support of the claim and the description of the land, including the boundaries, indicating the correct volume and folio in which such land, is registered.
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For the purpose of this section-
“caveator” includes a body of persons, a beneficiary under any trust affecting a land, the lawful guardian or the next friend of a minor or of a person of unsound mind or mentally deficient person, an attorney of a person, a judgement creditor, an executor or an administrator of an estate of a deceased, or a legal heir, or an intended purchaser who has entered into an agreement with the owner of a land or a developer of a land;
“condominium parcel” means a condominium parcel registered under the
Registration of Title Act, No.21 of 1998
in terms of section 10 of the Apartment
Ownership Law, No.11 of 1973 or registered under this Ordinance; and
“interest” includes an interest arising from an unregistered deed or instrument relating to a land which is incapable of immediate registration, a trust, an inheritance either by testate or intestate succession, instruments relating to a mortgage or an agreement to sell, co-ownership, an ownership arising from a condominium parcel or the estate of a minor, or of a person of unsound mind or mentally deficient person.”;
by the insertion, immediately after subsection (1)
thereof, of the following new subsections: -
“(1A) The Registrar, on being satisfied that all required documents and information referred to in paragraph (b) of subsection (1) are provided by the caveator, shall acknowledge
Act, No. 32 of 2022
the receipt of such caveat and record the prescribed particulars referred to in subsection (1) of section 27.
Upon the acknowledgement, the
Registrar shall forthwith notify the persons, whose names and addresses have been furnished by the caveator under subparagraph (iv) of paragraph (b) of subsection (1) and shall make an endorsement in the Remark Column by inserting the date and the names of the persons to whom and the addresses to which the notices referred to in subparagraph (ii) of paragraph (b) in subsection (1) were sent.”;
by the repeal of subsection (3) thereof and the substitution therefor of the following subsection: -
“(3) A caveat shall be in force for a maximum period of two years.”;
in subsection (4) thereof, by the substitution for the words “The notice to be given to the caveator shall be in the prescribed form”, of the words and figures
“Where an instrument affecting the same land described in the caveat has been subsequently presented for registration, a notice shall be given to the caveator in Form XI of the Second Schedule hereto”;
in subsection (5) thereof, by the substitution for the words “a competent court within thirty days” of the words “a competent court within sixty days”.
s 3Amendment of section 33 of the principal enactment
Section 33 of the principal enactment is hereby amended as follows: -
in subsection (1) thereof, by the substitution for the words “seizure priority notice, caveat, or lis pendens”, of the words “seizure priority notice or lis pendens”;
Act, No. 32 of 2022
by the addition immediately after subsection (1)
thereof, of the following new subsection: -
“(1A) (a) A caveat may be withdrawn or cancelled, as the case may be, at the request in writing -
by the caveator;
by an attorney;
upon the death of a caveator, by an executor, administrator, or a legal heir;
by the guardian or next friend of a minor of a person of unsound mind or mentally deficient person on whose interest the caveat was lodged, on the death or removal of the guardian, by the successor or by the minor upon the minor attaining the age of majority;
where there are joint caveators, and upon the death of one or more of them, by the surviving caveator or caveators;
where the caveator is adjudicated a bankrupt, by the Official
Assignee;
where the caveator is a body corporate and is in liquidation, and the estate or interest claimed by the caveator has become vested in the liquidator appointed by court, by the liquidator or by the Official Receiver; or
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where an order has been issued by a competent court on an estate which is the subject of a caveat, by a Fiscal officer, or any other person receiving the rights under such order.
on receipt of the instrument for withdrawal under paragraph (a) hereof, the Registrar shall–
cancel the entry of the caveat in the register in the aforesaid manner and setting out the date thereof, and
notify the persons or body of persons, whose right, title or interest for registration of an instrument was affected by such caveat.”;
by the insertion, immediately after subsection (2)
thereof, of the following new subsection: -
“(2A) Notwithstanding anything to the contrary in any other written law, any summons, notice, decree nisi or order in relation to any proceeding under subsection (2) on a caveat, shall be served to the address of the caveator in Sri Lanka referred to in sub-paragraph (iv) of paragraph (b) of subsection (1) of section 32.”;
by the addition, immediately after subsection (3)
thereof, of the following new subsection:–
“(4) The Registrar shall not register a caveat of the same caveator in respect of the same land or same iterest in the land, in respect of which registration of caveat was cancelled under subsection (3).”.
s 4Act, No. 32 of 2022
Section 50 of the principal enactment is hereby amended by the substitution for the words, “require, but such
Schedule may be altered or added to by regulation”, of the words “require.”.
s 5
The Second Schedule to the principal enactment is hereby amended as follows:–
by the repeal of Form VIII thereof, and the substitution therefor, of the following new Form:–
“FORM VIII
[section 32(b)]
FORM OF THE CAVEAT
Take notice that, I, ............. (full name and the address of the caveator) bearing (NIC/passport/ driving licence)
no…………….. require to be served with notice of the presentation for registration of any instrument affecting land…….. (owned by me / owned by other-specify the right/
title/ or interest) referred to in the Schedule hereto.
And I further declare that I present this caveat in my behalf/
in behalf of …………….…….. (where the caveator is not the owner) on the following ground/s.
Title under deed no…………
Under the last will of…………
Other (specify) ………………………………………….
And I appoint (the address in Sri Lanka) as the place at which notices relating hereto shall be sent.
………………………..
(Signature of the caveator/his
Attorney-at-Law or notary/attorney)
Date
Signed by the above-named………….. in the presence of (full name and address of the two witnesses)
1. Signature of the first witness
2. Signature of the second witness
Amendment to section 50 of the principal enactment
Amendment of the Second
Schedule to the principal enactment
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Schedule
(describe land as in section 13 and previous registration, if known)”; and
by the insertion immediately after Form IX of that
Schedule, of the following new Forms: -
“FORM X
[section 32(1)(b)(ii)]
NOTICE TO AN OWNER OF A PROPERTY IN RESPECT
OF WHICH
A CAVEAT HAS BEEN LODGED
Take notice that a caveat has been lodged by ……… of
……………… in respect of the property named……. bearing assessment no………………
and registered under folio…………. of volume ………….. at this land registry.
(signature)
……………….
Registrar of Lands of……………..
Date :.......................
FORM XI
[section 32(4)]
NOTICE TO THE CAVEATOR OF AN INSTRUMENT
PENDING REGISTRATION
You are hereby notified that the instrument specified in the
Schedule hereto is pending registration in volume……… and folio……….. of ……………. at this Land Registry, as opposed to caveat No……… dated………….. submitted by you.
(signature)
……………….
Registrar of Lands of……………..
Date :.......................
Act, No. 32 of 2022
Deed
Nature of the Name of the
Description Parties
No.
deed/
Notary who of the Land instrument attested the
(as per the deed/
Schedule)
instrument
s 6
In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
Sinhala text to prevail in case of inconsistency
.”.
Act, No. 32 of 2022