Revocation of Irrevocable Deeds of Gift on the ground of Gross Ingratitude Act 2017

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 Revocation of

Irrevocable Deeds of Gift on the ground of Gross Ingratitude

Act, No. 5 of 2017.

s 2Revocation of an irrevocable deed of gift by a competent court

An irrevocable deed of gift may be revoked on the ground of gross ingratitude, only on an Order made by a competent court, in an action filed by the donor of such deed against the donee to have the said deed revoked.

s 3Time period within which action shall be filed

Court shall not entertain an action referred to in section 2, unless it is filed within a period of ten years from the date of the execution of such deed of gift and within two years from the date on which the cause of action arose.

s 4Plaintiff to apply for registration of the action as a lis pendens in courts

(1)

The plaintiff in an action instituted under the provisions of this Act shall file or cause to be filed in court with the plaint, an application for registration of lis pendens—

(a)

addressed to the Registrar of Lands of the district in which the deed which is sought to be revoked is registered; or

(b)

where the deed sought to be revoked is not registered, addressed to the Registrar of Lands of the district in which the land referred to in such deed is situated.

(2)

The application referred to in subsection (1), shall be in triplicate and marked “original”, “1st copy” and “2nd copy” and shall be substantially in the form set out in the

Registration of Documents Ordinance (Chapter 117) and shall contain a blank space for the insertion of the number to be assigned to the action by the court.

s 5Application of the Civil Procedure Code

Every action filed under the provisions of this Act shall be proceeded with and regulated by the procedure provided for in the Civil Procedure Code (Chapter 101).

s 6Interpretation

In this Act, unless the context otherwise requires—

“Registrar of Lands” means the Registrar of Lands appointed under the Registration of Documents

Ordinance (Chapter 117) and having jurisdiction over the district in which the land which forms the subject matter of an irrevocable deed of gift which is sought to be revoked is situated; and

“Land” shall have the same meaning as in the

Registration of Documents Ordinance

(Chapter 117).

s 7Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.