Registration of Title Act 1998

This Act may be cited as the Registration of Title Act,

No. 21 of 1998 and shall apply to such Province,

Administrative District or Administrative Division as the

Minister may from time to time, by Order published in the

Gazette, specify as an area to which this Act shalt apply.

PRELIMINARY

There shall be appointed a Commissioner of Title

Settlement who shall be responsible for the due performance of the duties and functions assigned to him under this Act and such number of Deputies and Assistants as may be necessary.

There shall be appointed a Registrar-General of

The Registrar General of Title shall maintain Title

There shall be appointed a Registrar of Title to each such Title Registry to function under the direction of the

The unit of record ina Title Register maintained under section 3 shall be a land parcel shown on the cadastral map.

Registration shail be effected by entering in the Title

Register, the prescribed particulars relating to Title to such iand parcel.

All officers appointed for the purposes of this Act shall be deemed to be public servants within the meaning of the Penal Code.

There may be appointed by the Commissioner of

Each such Conciliation Board shall consist of—

Each,such Board shall elect a Chairman and a

The Commissioner of Title Settlement may refer any dispute pertaining to any land parcel for settlement by the

Conciliation Board appointed for the area in which such land is situate:

A Conciliation Board shall, on reference made to it under section 8, assist any person having an interest in land situated in the area for which such Board ts appointed, to resolve any dispute pertaining thereto.

REGISTRATION OF TITLE

The registration of title to every tand parcel under Registration of title this Act shall be in accordance with the cadastral map prepared (0 land parcel to be for that purpose.

On the publication of an Order under section 1 of Preparation of this Act, the Commissioner of Title Settlement shall Tequest cadastral maps.

the Surveyor-General to prepare cadastral maps for the areas specified in such Order and upon such request the Surveyor-General shall cause such cadastral maps to be prepared and certified copies of the same to be issued to the Commissioner of Title Settlement.

The Commissioner of Title Settlement shall, on Publication of receipt of such certified copies of cadastrat maps publish a Notice.

Notice in the Gazette, calling for any claimants to the land parcel specified in such Notice to submit their claims to him within a prescribed period from the date of publication of such Notice.

‘

The Commissioner of Title Settlement shall cause Investigation.

an investigation to be conducted in order to determine the genuinness or otherwise of claims made in response to a

Notice under section 12.

On the conclusion of the investigation in terms of Order of section 13, the Commissioner of Title Settlement shall Declaration publish in the Gazette, his determination thereon as foliows :—

where the Commissioner of Title Settement is of the view that a claimant to a land parcel has a title of

where the Commissioner of Title Settlement is of the view that a claimant does not qualify for a First

Onregistration of a title of co-ownership under paragraph (d) of section 14, the Commissioner of Title

Such Manager shall have the authority, powers and obligations of a trustee under the Trusts Ordinance

The duties of the Manager shall include the following :—

The power of the Manager shall include the power to mortgage such land parcel with the consent of the co-owners to raise funds for the development of the land parcel.

The co-owners shall have the rights of beneficiaries under the Trusts Ordinance (Chapter 87).

The rights of the beneficiaries shall include the right to receive profits from the said land parcel.

The beneficiaries may apply to the Commissioner of Title Settlement to appoint another co-owner as the Manager of the co-owned land parcel, on the following grounds :-—

mismanagement or mala-fides on the part of the

that the land parcel is not being put to optimum use.

The Commissioncr of Title Settlement shal} appoint a new Manager from among such co-owners to manage the said land parcel with the consent of the majority of the co-

on being satisfied that the Manager is guilty of mis-management or mala-fides

on the death of the Manager ; or

where the Commissioner of Title Settlement is of opinion that it is in the best interests of the co-owners to do so.

Where the land sought to be registered is State land, the Commissioner of Title Settlement shall prepare a Schedule of Title for the registration of a First Class Title of Absolute

Ownership in the State to such land, together with details of any dispositions, reservations or liens, as the case may be.

Where the Commissioner of Title Settlement is of the view that a claimant has established his claim to the ownership or to an interest in the land parcel which is to be registered under the provisions of this Act, he shall declare such claimant eligible for registration as the owner of that land parcel or of such interest and shall register such interest in the Title Register for the duration of the subsistence of that interest :

Provided that, where the Commissioner of Title Settlement is of the view that a person declared eligible for registration as an owner under this Act, is subject to or governed by any special or personal law, he shall declare such person subject to such special or personal law, and cause a note of such fact to be made, in the Title Register.

Uf, during the course of investigations, the

Commissioner of Title Settlement forms the opinion that, due to the disputed nature of the claims, it would be more, appropriate for the investigations to be carried out by the

District Court, the Commissioner of Title Settlement may refer such claims for investigation and determination to the District

Court having jurisdiction over the area where the land is situate.

Any ctaimant aggrieved by any Declaration of the

Commissioner of Title Settlement under section 14 may prefer an appeal against such declaration within the prescribed period to the District Court having jurisdiction over the area where the land parcel is situate.

Where the Commissioner of Title Settlement is of the opinion that any additional surveys are necessary for the cadastral map to reflect his subsequent findings, he shall request the Survcyor-General to conduct such additional surveys and effect the necessary definition of boundaries.

The Surveyor-General shall effect the necessary definition of boundaries and conduct such surveys as are required by'the Commissioner of Title Settlement and forward a revised cadastral map to the Commissioner of Title

Where a reference has been made under section 21-

or an appeal preferred under section 22 to a District Court the

District Court, may, after due inquiry make one or more of the following orders—

order of Declaration of Title in accordance with section 14, in favour of a claimant to the whole land parcel claimed or to a divided portion of such land parcel, provided such divided portion does not fall below the prescribed minimum extent ;

order for the sale, among the claimants of the whole land parcel or a divided portion of the land parcel, provided such divided portion does not fall below the prescribed minimum extent ;

Ona reference or appeal made to a District Court under the provisions of this Act, such Court shall issue a

The Surveyor-General shall carry out such Commission and make his return to the Commission and transmit to the

The District Court shall, on receipt of such return to

The District Court where it has ordered a sale shall issue a commission for such sale to a Licensed

On receipt of such return to commission, the District

On the deposit of the survey fees, purchase money and auctioneer’ s fees, the District Court shall—

Fe rele sections 13 and 21 or the Court proceedings as specified in aoe ecomot ON section 22 the Commissioner of Title Settlement shall prepare investigations.

Schedules of Title and despatch such Schedules to the appropriate Registrar of Title, with copy thereof to the

Surveyor-General for the revision of his records.

Contents of 27.

Onreceipt of the Sehedules of Title referred to in

Such entries shall be the initial entries pertaining to the registration of title to land parcels under the provisions of

Act, no entries shall be made in respect of transactions relating under the Act, not to t0 land parcels registered under this Act in the Land Registers be entered under maintained under the Registration of Documents Ordinance ene of

(Chapter 117) but such Register shall bear a cross reference

Ordinance.

to the Title Registers relating to such land parcels and maintained under the. provisions of this Act.

Person aggrieved by 29.

Any person aggrieved by the registration of title registration may of a person with a Second Class Title of Ownership to any apply to District

Notice of such action shall be registered in the

Notice of such action shall also be conveyed by the

The District Court after due inquiry shall make order as the justice of the case may require.

Such Order of the Court shall also be conveyed to the

A person registered with a Second Class Title of

At the end of the period referred to in subsection (1), the Commissioner of Title Settlement shail prepare a Schedule of Title in terms of the provisions of this Act, certifying such person as being eligible for registration with a First Class

The Registrar of Title shall, on receipt of a Schedule of Title under subsection (2), cause such person to be registered with a First Class Title of Absolute Ownership to the land referred to in such Schedule of Title, and shall inform the Commissioner of Title Settlement and the Surveyor-General accordingly.

The registration of a person with a First Class

The registration of a person under the provisions of this Act as a person having ownership or an interest ina land parcel or a charge or encumbrance on or over such land parcel, or as a Manager or beneficiary shall vest in that person the rights so registered together with all rights and privileges belonging or appurtenant thereto, whether express or implied and subject to any express agreements relating thereto.

Entries in the Tile Register maintained under the provisions of this Act, shall be conclusive evidence of the existence of the ownership or interest specified in such entries and shall not be questioned in a Court of law except as provided for in this Act.

The interests of a person whose name appears in the

Any person may, on application made in the prescribed form and on payment of the prescribed fee inspect during office hours, any title register and any cadastral map maintained under the provisions of this Act.

Any, person shall, on application made to the relevant

Any person on application made to the relevant

Every document purporting to be certified bya

Every copy of an extract of cadastral map purporting to be certified by or on behalf of the Surveyor-General, shall in all proceedings, be presumed to have been so certified and shall be accepted as prima facie evidence of the matter to which it relates.

Every entry or note in or on any register, and cadastral map used for registration of title shall, subject to the provisions of this Act, be received in all proceedings as conclusive evidence of the matter or transaction which it records.

Any owner or owners of any land parcel or land parcels whose title to which has been registered under this

An application for amalgamation or sub-division shall be made to the Registrar of Title with copy to the relevant

Where the Superintendent of Surveys is satisfied that the plan conforms to the cadastral map and any regulation governing such surveys and cadastral map, he shall notify the person who tendered such plan accordingly, and shall certify such plan on behalf of the Surveyor-General and shall cause necessary amendments to be made showing such sub-division or amalgamation on the cadastral map and forward a copy of the section of the cadastral map reflecting such amendment to the Registrar of Title of the District in which such land is situate.

The original of the plan tendered, field notes and request of the owners shall be filed of record in the Office of the Superintendant of Surveys.

Upon the registration of a plan of amalgamation, or sub-division—

such land parcel or land parcels shall be subject to the burden and shal! have the benefit, of any servitudes affecting such land parcel or land parcels in the original cadastral map relating to such land parcel or land parcels as are included in the plan of amalgamation or sub-division.

Any person, having a Title of Ownership or other interest in a land parcel registered under this Act, may on payment of the prescribed fee, obtain a Certificate of Title in respect of such Ownership or interest, from the appropriate

Subject to the provisions of this Act, such Certificate of Title shall form conclusive evidence of the title to such interest.

No person acquiring an interest in any land parcel registered under the provisions of this Act shall be entitled to such title or interest unless such title or interest is registered under the provisions of this Act.

No land parcel, title to which has been registered under this Act, or any interest thercin shall be transferred or dealt with except in accordance with the provisions of this

Act, and every disposition otherwise effected shall be void.

An instrument for conveying interest in a land parce! may be presented for title registration under this Act to the Registrar of Tithe by—

any person having any interest in or charge on any land affected thereby ; or

An. instrument may be presented for registration through post or under cover if it is accompained by the appropriate fee, if any.

Each Registrar of Title shall keep a book to be:

An instrument presented for registration through the post or under cover shall be deemed to have been presented for registration at the time the packet containing the instrument is opened.

Title to a land parcel or any interest pertaining to a land parce] appearing in the Register shall have priority according to the order in which the instruments pertaining to such title or interest were presented for registration irrespective of the dates of the instruments and the date of the entry in the

Every instrument conveying title or any interest ina land parcel presented for registration under this Act shall be effected in the form prescribed for that purpose.

Instruments prepared under the provisions of subsection (1) shall be signed by the parties to the transaction and two witnesses and attested by a Notary Public, and in the case of State land, by a Notary Public or by any public officer authorised to do so, by or under any law.

A Notary Public attesting an instrument in terms of this Act shall—

satisfy himself regarding the identity of whosoever of the parties to the transaction and the witnesses, as are not known to him, by reference to their official indentity cards or such other means as may reliably reveal their identity ;

satisfy himself about the capacity of the persons who are parties to the instrument by reference to the records in the Title Registry or by reference to an extract from the relevant Title Register ;

satisfy himself about the identity of the land and the

Failure to forward the attested instrument within the stipulated period shall be an offence punishable with the prescribed penalty.

The Registrar of Title shall record the receipt of such instrument in the books maintained by him under the provisions of this Act and satisfy himself of the following :—

If the Registrar of Title is of the opinion that all requirements for registration under this Act are complied with, he shall register such title or interest in the prescribed manner, file the instrument creating or transferring such title or interest and the Certificate of Title submitted by the vendor in the relevant parcels file and issue a Certificate of Title to the person who tendered the instrument :

The Registrar of Title shall not register any instrument which purports to convey any title or interest to a land parcel on the happening of any event, or the fulfilment of any condition at any future time :

Provided however, that a conveyance of title subject to life interest shalt be acceptable for registration.

No part of a land parcel registered with a First Class

Title of Absolute Ownership or a Second Class Title of

Ownership under the provisions of this Act shall be transferred or otherwise dealt with unless the registered owner has first sub-divided such land parcel and the land parcel so sub-divided has been registered under the provisions of this Act.

Except in accordance with the provisions of this Act, an instrument pertaining to the ownership of a land parcel registered under this Act, made in favour of two or more persons in common shall be void and shall not be registered under this Act.

An instrument pertaining to land executed in accordance with the provisions of this Act shall take effect on registration of such instrument under the provisions of this

Act.

STRATA TITLES