3. Amendment of section 33 of the principal enactment

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

Section 33 of the principal enactment is hereby amended as follows: -

(1)

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

(2)

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“(1A) (a) A caveat may be withdrawn or cancelled, as the case may be, at the request in writing -

(i)

by the caveator;

(ii)

by an attorney;

(iii)

upon the death of a caveator, by an executor, administrator, or a legal heir;

(iv)

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;

(v)

where there are joint caveators, and upon the death of one or more of them, by the surviving caveator or caveators;

(vi)

where the caveator is adjudicated a bankrupt, by the Official

Assignee;

(vii)

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

Act, No. 32 of 2022

(viii)

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.

(b)

on receipt of the instrument for withdrawal under paragraph (a) hereof, the Registrar shall–

(i)

cancel the entry of the caveat in the register in the aforesaid manner and setting out the date thereof, and

(ii)

notify the persons or body of persons, whose right, title or interest for registration of an instrument was affected by such caveat.”;

(3)

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.”;

(4)

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).”.

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Read on from s 4