Registration of Title Act, No. 21 of 1998

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF-, SRI LANKA.. REGISTRATION OF TITLE ACT, No. 21 OF 1998 [Certified on 29th April , 1998] Printed 0 11 the Order of Governv.ent Published as a Supplement 10 Part ll of the Gazette of the Der.iocratic Socialist Republic orSr i Lanka of April 30, 199~ NIIH Ul liT TIll: ItU'AIlTMENT or GOVElt.JI; MENT 1'R 1 ~"I~G . SRILASKA TO uepu a n iASH ) ..\1 1111:GOVERNM!J 'iT pt 'DLlCATIO~S Ill'R £Al f. COlOMBO I I'rlce : Rs. 18.00 Postage: Rs. 3.75 Registration ofTitle ACI. No. 2/ 0/ /998 [Certified on 29th April. 1998] L.D.- O. 62/94. AN A CT TO MAKE PROVISION FOR T HE INVESTIGATION AND R EGI STRATION OF T IT LE TO A LAND PARCEL: FOR THE REGULATION OF TRANS ACTI ONS RELATI NG TO A LAND PARCEL so REGISTERED; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL mERc[o. Be it therefore enacted by the Parliament of the Democratic Soc ialist Republic of Sri Lanka as follows : 1. This Act may be cited as the Registration of Title Act. Short title and date No. 21 of 1998 and shall ap ply to su ch Provin ce , ofoperation. 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 shall apply. PRELIMINARY 2. There shall be appointed a Commissioner of Title Settlem ent 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. 3. (I) There shall be appointed a Registrar-General of Title appointed for the purposes of this Act. (2) The Registrar General of Title shall maintain Title Registries in each district wherein such registers as shall be prescribed by regulations for the purpose of registration of uue to lands situated within any area specified in an Order made under section I of this Act, and falling within such distr icts shall be maintained. (3) There shall be appointed a Registrar of Title to each such Title Registry to function under the direction of the Registrar-General ofTitle. t-D 0)87 49-8.550 (95/12) Commissioner of Title Settlement. Registrar General of TiIJeand TIlle Registries. Unit of record . Method of registration. All officers 10be public servants. Conciliation Boards. Reference 10 Concil iation Boards. Powers dutiesof Conciliation Boards. 2 Registration of Title Act, No. 2/ of /998 4. The unitof recordin a Title Registermaintained under' section 3 shall be a land parcel shown on the cadastral map. 5. Registration shall be effected by entering in the Title Register, the prescribed particulars relating to Title to such land parcel. 6. All officers appointed for the purposes of this Act shall be deemed to be public servants within the meaning of the Penal Code. 7. ( I) There may be appointed by the Commissioner of Title Settlement, a Conc iliation Board for each Grama Niladhari Division in any area specified in an Order under section I of this Act. (2) Each such Conciliation Board shall consist of (0) not less than three and not more than seven members selected fro m amo ngs t the land holders resident within such Grama Niladhari Division ; and (b ) the Grama Niladhari of each such Division. (3) Each , such Board shall elect a Chairman and a Secretary from among themse lves . 8. The Commissioner of Title Settlement may refer any dispute pertaining to any land parcel for settlement by the Conc iliation Board appointed for the area in which such land is situate:' 9. 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 is appointed, to resolve any dispute pertaining thereto. Registration ofTitle Act, No. 2/ of /998 3 REGISTRATIO N OF TITLE INITIAL COMPILATION 10. The registration of title to every land parcel under this Act shall be in accordance with the cadastral map prepared for that purpose. Registration of title to land parcel to be in accordance with Cadastral Map.. Investigation. Publication of Notice. Preparation of cadastral maps. I I. On the publication of an Order under section I of this Act, the Comm issioner of Tille Settlement shall request the Surveyor-General 10 prepare cadastral maps forthe areas specified in such Order and upon such request the Surveyor General shall cause such cadastral maps to be prepared and certified copies of thesame to be issued tothe Commissioner of TitJc Settlement. 12. The Commissioner of Title Settlement shall, on receipt of such certified copies of cadastral maps publish a Notice in the Gazette, call ing for any claimants to the land parcel specified in such Notice to sobmit their claims to him within a prescribed period from the date of publication of such Notice. ' 13. The Comm issioner of Tit le Settlement shall cause • an investigation to be conducted in order to determine the genuinncss or otherwise of claims made in response to a Notice under section 12. 14. On the conclusion of the investigation in terms of Order of section 13, the Comm issioner of Title Se ttlement shall Declaration. publish in the Gazelle , his determin ation thereon as follows : (n) where the Com missio ner ofTille Settement is of the view that a claimant to a land parcel has a title of Absolute Ownership, he shall declare such claimant eligible to be registered with a First Class Title of Absolute Owne rship ; (bJ where the Commissioner of Title Settlement is of the view that a claimant does not qualify for a First Class Title of Absolute Ownership but the claimant is in bona-fide possession of the land parcel, he may declare the claimant eligible to be registered with a Second Class Title of Ownership with the right, at the end ofa period of uninterrupted and unchallenged possession of ten years from the date of registration in suchcapacity, to have such Second Class Title converted to a registration with a First Class Title of Absolute Ownership ; Appointment of Manager, powe rs "and duties . 4 Registration ofTitle Act, No. 21 of 1998 (c) where the Co mmissioner of Title Settlement is of the view that theclaimant hasestablished a claim to a part of the land parcel claimed he shall declare the cla imant eligible to be registered with a First Class Title ofAbsolute Ownership or a Second Class Title of Ownership, as the case may be, to a divided portion of such parcel; (d) where the Commissioner of Title Settlement is of the view that it is not possible to recognise one or more of such claims without reducing the extent of a divided portion of a land parcel below the prescribed economic unit, he shall declare all such claimants who have a valid claim to such parcel , eligible forregistration as co-ownersof suchparcel with a title of co-ownership to the extent of the, indi~idual claimant's co-ownership. 15. (I) On registration of a title of co-ownership under paragraph (d) of section 14, the Commissioner of Title Settlement mayappoint one among theco-owners asManager of such co-owned land parcel with the consent of the majority of such co-owners. (2) Such Manager shall have the authority, powers and obligations of a trustee under the Trusts' Ordinance (Chapter 87). (3) The duties of the Manager shaIl include the following : (a) to maintain the said land parcel in a state conducive for optimum production, (b) to disburse the profits accrued from such land parcel amongthe beneficiaries according to their shares of co-ownership after setting off any expenses and the fees due to him for such management. (4) 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. Registration of tut«Act. No. 21 of 1998 5 16 . I I) T he co-ow ne rs shaJJ have th e rights of Rights of beneficiaries under the Trusts Ordinance (Chapter 87). co-owners. (2) The rights of the beneficiaries shall include the right to rece ive profi ts from the said land parcel. 17. The beneficiaries may app ly to the Commissioner ofTitle Settlement toappoint another co-owner as the Manager or the co-owned land parcel, on the following grounds : (0 ) mismanagement or mala -fides on the part of the Manager. or (1J) that the land parcel is not being put to optimum use . 18. The Commissioner of Title Se ttlement sha ll appo int a new Manager from among such co-ow ners to manage the said land parcel with the consent of the majority of the co owncrs-c Beneficiariesmay request appointment of newManager. Powerof Commissioner of TItleSettlement to appointnew Manager. (tI ) on bei ng satisfied that the Manager is guilty of mis management or mala-fides ; (1J) on hei ng satisfied that the land parce l is not be ing put to optimum use ; {r} on the deat h of the M anager; or (d) where the Commissioner of Title Settlement is of opinion that it is inthe best interests of the co-owners to do so. 19. Where theland sought to be registered is State land. Registration of State . th~ Commissioner ofTitle Settlement shall prepare a Schedule land. ofTitle for the registration of a First Class Title of Absolute Ow nership in the State to such land, together with de tails of any dispositions, reservations or liens, as thecase may be. 20. Where the Commissioner of Title Settlement is of Registration of the view that a claimant has established his claim to the interest in land ownership or to an interest in the land parcel which is to be parcel. reg iste red under the prov isions of this Act, he shall declare such claimant el igible for registration as the owner of that land pa rcel or of such interest and shall regi ster such interest in the Title Reg ister for the duration ofthe subsistence of that interest : Reference of claims to District C ourt. Clui manr aggrieved may make an appeal 10 Oi~l ric l Court. Additional surveys. Order or Court. (, Registration ofTitle Act, No. 2/ of / 998 Prov idedthat, wherethe Commissionerof T itle Settlement is of the view that a person declared eligible for registration as un owner under this Act, is subject to or governed by any specia l or personal law. he shall declare such person subject to suchspecial or personal law, andcause a note of such fact to be made, in the Title Register, 21. If. during the course of investigations, the CommissionerofTitle Set tlement forms theopinionthat, due to the disp uted nature uf the claims , it would be more. appropriate for the investigations to be carried out by the District Court, theCommissionerofTitle Settlement may refer suchclaims forinvestigationanddetermination to the District Court having jurisdiction over the area where the land is situate. 22. Any claimant aggrieved by any Declaration of the Commissioner of Tille Settlement under section 14 may prefer an appeal against such declaration within the prescribed period to the District Court havingjurisdiction overthe area where the land parcel is situate. 23. ( I) Where the Commissioner of Title Settlement is of the opinion that any additional surveys arc necessary for the cadastral map to reflect his subsequent findings, he shall request the Surveyor-General to co nduct such additional surveys and effect the necessary definition of boundaries, (2) The Surveyor-General sha ll effec t the necessary definition of boundaries and conduct such surveys as are required by'the Commis sioner ofTitle Settlement and forward a revised cadastral map to the Commiss ioner of Title Settlement. 24. Where a referenc e 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 ofTille in accordance with section 14, in favour of a claimant to the whole land parcel claim ed or to a divided portion of such land parcel. provided such divided portion does not fall below the prescribed minimum extent; Registration o/Tit/(· Ac t, No. 2/0/ / 998 7 (I» orde r for the sale. among the claimants of the whole hind parcel or a divided portion of the land parcel . provided such divided portion does not fall below the prescribed minimum extent ; (d Ordercosts of action as the Court deemsappropriate payable by each or any of the claimants. 25. ( I) Ona reference orappeal made to a District Court Commission to under the provi sions of this Act. such Court shall issue a Surveyor-General. C om m is s ion to the Surveyor-General to conduct such additional surveys and forthe amendment of cadastral maps as are necessary to glve effect to the order of such Court. (2) The Surveyor-General shall carry out such Commission and make his rcturn to the Commission and transmit to the DistrictCourt a detailed report pertaining to the action taken by him togethe r with a bill of costs . (3) The District Court shall. on receipt of such return to , Commission. order the paymentbythe claimants of the survey fees as indicated in the bill of costs forwarded by the Surveyor General. (4) The District Court where it has ordered a sale shall issue a commission for such sale to a Licensed Auctioneer. Such auctioneer shall proceed to conduct the sale in such manner as prescribed and make his return to commission. (5) On rece ipt of such return to commission, the District COUT! shall make order for the deposit by the person who has tendered the highest bid of purc hase money and the auctioneer's fees in Court. (6) On the deposit of the survey fees, purchase money and auctioneer's fees, the District COUT! shall (a) order (i) the payment of survey fees to the Surveyor General ; .. S..:ho.:dlllc nrTil1c to be despatched to I-k gi"lr6.lr ofTitle on conclusion or investigatio ns. Ccn rcms or .Scbcdule to t'IC entered in Register. Tran sactions relat ing In land parcel registered under the ACI. nOI to t'IC entered under Registration or Documents Ordinance. Person aggrieved by registration may apply InDistrict Co urt. Registration ofTitle Act. No. 2/ 0/ /998 (ii) disbursement of the purchase money among the cla imants co ncerned in accordance with their claims; and (iii) the payment of auctioneer's fees to the Licensed Auctioneerconcerned; (b) enter decree determining tille to the parcels of land adjudicated upon ; and (c) despatch a copy of such decree to the Commissioner of Title Settlement. 26. On the conclusion of the investigations referred to in sections 13 and 21 or the Court proceedings as specified in section 22 the Commissioner of Tille Settlement shall prepare Schedules of Title and despatch such Schedules to the appropriate Reg istrar of Title . with copy thereof 10 the Surveyor-General forthe revision of his records. 27. ( 1) On receipt of the Sehedules of Title referred 10 in section 26, the Registrar of Title shall cause the contents of such schedules 10 be entered in the Registers of Title maintained by him under the provisions of this Act. (2) Such entries shall be the initial entries pertaining to the registrat ion of title 10 land parcels under the provisions of .' this-Act, 28. From the date of opening ofTitle registers under this Act. noentries shall bemade inrespectof transactions relating to land parcels registered under this Act in the Land Registers maintained under theRegistration of Documents Ordinance (Chapter 117) but such Register shall bear a cross reference to the Title Registers relating 10 such land parcels and maintained under the provisions of this Act. 29. (I ) Any person aggrieved by the registration oftitle of a person with a Second Class Title of Ownership to any land parcel may, within a period of ten years from the date of such registration, file action for the amendment of the register, in the District Court having jurisd iction over the area in which such land parcel is situate. ( 2) (a ) Where the District Court orders the amendment of the Title Register in respect of a land parcel registered with a Second Class Title of Ownership, such Orde r shall be conveyed to the Regist rar of Title who shall cause such amendment of the register to be effected. (iJ) Such Order of the Court shall also be conveyed to the Commissionerof Title Settlementandthe Surveyor-General. 31. ( I) A pe rson registered with a SecondClass Title of Conversion ofTitle • Ownership ora personclaiming title through him shall at the to oneof First Class end of a period of len years from such registration, and if lioltle of Ah.bsolute . . . wners lp. there has been no acu on under section 29 against such registration during the intervening period, be eligible for the conversion of his registration to one of First Class Title of Ahsolute Ownership. . (2) At the end of the period referred to in subsection (I), the Commissioner of Title Settlement shall prepare a Schedule of Title in term s of the provisions of this Act, certifying such person as being eligible for registration with a First Class Title ofAbsolute Ownership and shall despatch such Schedule of Tille to the appropri ate Regi strar of Title and to the Surveyor-General. - . (3) The Registrar of Title shall, on receipt of a Schedule of Ti tle und er subsect ion (2), cause such person to be registered with a First Class Title of Absolute Ownersh ip to the land referred 10 in such Schedule of Title, and shall inform the Commissioner of Title Settlement and the Surveyor General accordingly. I I I Registration ofTitle Acr. No. 2/ of / 998 9 (2) No tice o f such action shall be regis tered in the lincumbranccs Section o f the Title Register, and shall remain n..·gistcrcd until the close of such action. (.1) Notice of such action shall also be conveyed by the Rcgisuur of Title to the person whose-Second Class Title of Ownership wasso registered andto theCommissionerofTitle Selllemont and the Surveyor-General. 30. ( I) The District Court after due inquiry shall make order as the justice of the case may require. Where District Courtorders amendment of Register. Erkel of rt.'gi!-.Ira lio n Enlries in Tille Register to be conclusive evidence of the rights confcrredibcrem lnspe cnon or Register and cadastrat map. 10 Registration ofTille ACI, No. 21 of /998 32. (I) The registration of a person with a First Class Title of Absolute Ownership to a land parcel, shall vest in that person absolute ownership .of such land parcel together with all rights and privileges belonging or appurtenant thereto, subject to any subsisting interes ts as regis tered in the Encumhrances Section of the TItle Register. (2) The registration of a person under the provisions of this Act as a person having ownership oran interest in a land parcel oracharge orencumbrance onoroversuchlandparcel, or as a Manager or beneficiary shall vest in that person the rights so registered together with all rights and privileges helonging or appurtenant thereto , whether express or implied andsubject to any express agreements relating thereto. 33. (I i Entries in the TItle Register maintained under the provisions of this Act, shall be conclusive evidence of the existenceof theownership orinterestspecified insuchentries and shall not be questi oned in a Court of law except as. provided for in this Act. (2) The interests of a person whose name appears in the Title Register may be assailed only as provided for in this Act, and shall be held by such person together with all rights and privileges belonging or appurtenant thereto free from all interests and claims other than those appearing in the Title Register. INSPECTION OF REGISTER AND ISSUE OF CERTIFIED COPIES 34. ( I) 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 thisAct. (2) Any,person shall, on application made to the relevant Registrar of TItle and on payment of the prescribed fee, be entitled to receive an extract of such TItle Register cex ified by such Registrar of TItle. Registration ofTItle Act, No. 2/ oj / 998 I I (3) Any person on application made to the relevant Superintendent ofSurveys, shall on payment of the prescribed fee be entitled to receive a copy of an extract of a cadastral map used for registration of title. certified on beha lf of the Surveyor-General. 35. (I) Every document purporting to be certified by a Registrar ofTitle shall in all proceedings be presumed to have becn so cert ified and shall be accepted as primafacie evidence of the mat ter to which it relates without any further proof of such matter, (2) 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 certi fied and shall be accepted as prima facie evidence of the matter to which it relates. (3) Every entry or note in or on any register. and cadastral map used for registration of title shall. subject to the provisio ns of this Act, be received in all proceedi ngs as concl usive evide nce of the matter or transaction wh ich it records. SUB -DIVISION AND AMALGAMATION 36. (I) Any owner or owners of any land parce l or land parcels whose title to which has been regjstered under this Act, may amalgamate or sub-divide his or their land parcel by registering a plan of redivision or amalgamation or sub-division relating tosuch land parcels inaccordance with the provisions of this Act, (2) An application for amalgamation or sub-divis ion shall be made to the Registrar of Title with copy to tho relevant Superintendant of Surveys and shall contain a declaration in the prescribed fo rm made by the applicant which shall conlain (0) the particulars of every encumbrance, lis pendens, seizure, order or decree affecting the land parcel or land parcels if any; Certification by Registrar to be prima Jude evidence. Sub-division or amalgamation of units. 12 Registration ofTrtleAct, No, 21 of /998 (b) a reference to the Title Register and a reference to the cadastral map registered in respect of such land parcel or land parcels; (c) a survey plan prepared by aduly authorized Surveyor in accordance with any regulation governing the conduct of such surveys and the preparation of such cadas tral map showing the amalgamatio n or sub division of such land parcel or land parcels bearing a reference to thecadastral map showing such area ; (3) Where the Superi ntendent of Surveys is satisfied that' the plan conforms to the cadas tral 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 tobemade showingsuchsub-division or amalgamat ion on the cadastral map and forward a copy of the sect ion of the cadastral map reflecting such amendment to the Registrar of Title of the District in which such land is situate. (4) 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. (5) (a) On receipt of a certified section of a cadastral Map from the Superintendent ofSurveys the Registrar ofTitle shall, if he is satisfied that such application for subdivision or amalgamation conforms to the provision s of this Act and the regulations made thereunder, register such land parcel or land parcels intheTitle Register withaccurate cross-references to the former Title records relating to such land. (b) The appl ication and documents received shall be filed by the Registrar of Title in the relevant parcels file. ' (6) Upon the registration of a plan of amalgamation, or sub-division (a) the land parcel or land parce ls dep icted therein sha ll be deemed to be amalgamated or sub-divided as defined therein ; Registration otTitle Act, No. 2/ at / 998 13 (b ) such land parcel or land parcels shall be subject to the burden and shall have the benefit , of any servitudes affecting such land parcel or land parcels in the original cadastra l map relating to such land parcel or land parcels as arc ineluded in the plan of amalgamation or sub-division. 37. ( I) Any person. having a Title of Ownership or other Certificate ofTille. interest in a land parcel registered under this Act. may on payment of the prescribed fee, obtain a Cert ificate of Title in respect of such Ownership or interest, from the appropriate Registrar of Title. (2) Subject to the provisions of this Act. such Certificate of Title shall form conelusive evidence of the title to such interest. TRANSACTIONS RELATING TO REGISTERED LAND 38. No person acquiring an interest in any land parcel registered under the provisions of this Act shall beentitled to such title or interest unless suchtitleor interest is registered under the provisions of this Act. 39. No land parcel, title to which has been registered under this Act, or any interest therein shall be transferred or dealt with exce pt in accordance with the provisions of this Act, and every disposition otherwise effected shall be void. 40. (I) An instrument for conveying interest in a land parcel may be presented for title registration under this Act to the Registrar of Title by (a ) an y person cl a iming any in te re st or benefit thereunder ; (b) any person having any interesl in or charge on any land affected thereby; or (c) any person attesting such inslrument. Interest in land parcel not acquired unless registered. Transact ions relating to a land parcel to bemade in accordance with Act. Who may present instrument for registration. Daybook. Pnor Tille. Form of instruments relating to a land parcel. 14 Registration of Title Acr, No. 21 of /998 (2) An, instrument may be presen ted for regi strat ion through post or under cov er if il is acc ompained by the appropriate fee, if any. 41, (I ) Each Registrar of litIe shall keep a book to be' called the "day book" in which shall be entered the prescribed particulars of every instrument presented forregistration with the day and hour and ifrequired by the person presenting the instrument, the minute of presentation, and for the purpose of priority the time of presentation shall be taken as the time of registration. (2) An instrument presented for regis tration throu gh the post or under cover shall be deemed to have been presented forregistration atthetimethe packetcontaining theinstrument is ope ned. 42. (I) Title to a land parcel or any interest pertai ning 10 a land parcel appearing in the Register shall have priority accord ing to the orderin which the instruments pertaining to suchtitleorinterestwerepresented forregistration irrespective of the dates of the instruments and the date of the entry in the Register. 43. (1) Every inst rument conveying title or any interest in a land parcel prese nted for regist ration under this Act shall be effected in the fonn prescr ibed for that purpose. (2) Ins trume nts prep ared under the provision s of subsec tion ( I) shall be signed by the parties to the transaction and two witnesses and attes ted by a Notary Publi c, and in the case of State land, by a Notary Public or by any publ ic office r authori sed to do so, by or under any law. Duties of Attestor. 44. A Notary Public attesting an instrument in terms of this Act shall (a) satisfy him self regarding the identity of whosoever of the parties to the transaction and thewitnesses, as are not known to him, by reference to their official indentity cards or such othe r means as may reli ably reveal their identity ; Registration ofTItle Act, No. 2/ of /998 15 (h) satisfy himself about the capacity ofthe persons who arc parties 10 the inst rument by reference 10 the records in the Title Registry or by reference 10 an extract from the relevant Title Register ; (c) satisfy himself about the identity of the land and the state of the title dealt with in such instrument by reference to the Certificate of Title issued by the Registrar of Title a nd to the records in the Title Registry. 45. (1) (a) Any instrument attested in terms of section 44 together with the Certificate ofTitle perta ining to the title of the vendor shall be forwarded by the Attestor within seven working days of such attestation to the Registrar of Title within whose area of jurisdiction the land parcel dealt with in such instrument is situate. (h ) Failure to forwa rd the attested instrumen t within the stipulated period shall be an offence punishable with the prescribed penally. (2) The Registrar of Title shall record the receipt of such instrument in the books maintained by him under the provis ions of this Act and satisfy himself of the following : (0) that the inslrument has been drawn in accordance with the provisions of this ACI ; (/' ) that the land parcel has been identified and described accurately and conforms with the description of such land pa,:"el in the Registers in the Tille Registry ; (c) that the person conveying such title or interest had the capacity to execute such instrument according to the information available in the Registers in the Title Registry ; (ell that the title or interest conveyed or dealt with, has been unambiguously identified and conforms to that recorded in the Registers in the Title Registry. 2 Attestor to forward instruments attested within seven days. The Registrar of "Ti lle not 10 register instrument conveying title in future. Part of landparcel 110110 betran sferred unless new registers arcopened. Instrument conferring co ownership invalid, Instrument to take effect on registration. 16 Registration ofTItle Act, No, 2/ of /998 (3) If the Registrar of Title is of the opinion that all requirements forregistration under thisAct arecompliedwith, he shall register such title or interest in the prescribed manner, filetheinstrument creating ortransferring suchtitleorinterest and the Certificate of Tille submitted by the -vendor in the relevant parcels file and issue a Certificate ofTille to the person who tendered the instrument : Provided that where such instrument pertains to a lease or a mortgage, the old Certificate of Title too shall be returned to such person with an endorsement made on it by the Registrar of Tille making reference to such lease or mortgage. The Registrar of Title shall inform the Surveyor-General of all new entries immediately upon completionof the registration. 46. The Registrar ofTille shall not register any instrument which purports to convey any title or interest to a land parcel on Ihe happening of any event, or the fulfilment of any condition at any future time : Provided however, that a conveyanc e of title subject to life interest shall be acceptable for registration. 47. No part of a land parcel registered with a First Class Title 'o f 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-d ivided such land parcel and the land parcel so sub divided has been registered under the provisions of this Act. 48. 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. 49. 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. Registration ofTitle Act. No. 21 of 1998 17 STRATA TITLES 50. (I) Subject to the prov isions of this Act and of the Apartment Ownership Law, No. II of 1973, the owner of any land parcel reg istered under this Act upon which a building comprising more than one storey has been constructed, may. upo n paymen t of the prescribed fcc make application in the prescribed form to the Regi strar-General of Title for the registrat ion ofhurizontal sub-division of buildings (hereinafter referred to as "condominium parcels") in accordance with a cadast ral map called a co ndo mi nium pla n whic h shall accompany such application. (2) The reference number of the land parcel on which the building is constructed and the number of the condominium parcel as depicted on the cadas tra l map shall together be a sufficient reference to a condominium parcel. (3) The Registrar of Titl e shall refer such applications together with the condom inium plan and the cadas tral map to the Superintendent of Surveys for certification. 51. On the Superintendent of Surveys being satisfied that the co ndominium plan co nfor ms to the provi sions of the Apart ment Owners hip Law, No. II of 1973 and this Act. he shall ce rtify such plan on behalf of the Surveyo r-General, and (a) file the origi nal of the co ndo minium plan after making a suitable refe rence on the cadastral map used for registration of title; and (b) forwa rd the dup licate of the condominium plan and the applica tion of the owner to the appropriate Registrar of Tille. 52. If the Registrar o fTitle is satisfied that the application co nforms to the provisions of the Apartment Ownership Law, No. I I of 1973 and this Act. he shaIl (0 ) file the duplicate of the condominium plan in the Parcels File ; Registration of horizontal sub divisions of buildings. Filingof condominium plan by Superintendent of Surveys. Modeof registration of condominium parcels. Retention and destruction of instruments. 18 Registration ofTrtleAct, No. 21 of 1998 (b) open a new title register in the Register in respect of each condominium parcel shown on the Condominium Plan and make suitable cross references to such register in the register in which the land parcel is registered ; (c) record in the Property Section in the register pertaining to the land parcel that the land comprised therein consists only of common property; (tf) record in the Encumbrances Section that registers in respect of condominium parcels have been opened; (e) inform the applicant that such condominium parcels have been registered and noufy him of the reference numbers of the relevant registers; and (j) issue a Certificate of Title after recovery of the prescribed fees. RETENTION OF INSTRUMENTS '53. (I) Any instrument accepted by the Registrar of Title shall be retained in the Title Registry for as longas it supports a current entry in theregister and for ten years thereafter. (2) Where an entry in the register pertaining to title or an interest in a land parcel has been superseded or has ceased to have effect, the Registrar of Title shall make a note 10 that effect in the Register against such entry, (3) On the expiry often years after an entry in the register pertaining to title or an interest in a land parcel has been, superseded or has ceased to have effect, the Registrar of Tille shall destroy in the prescribed manner any instrument which supported the entry and make an entry 10 that effect in the .Registcr, Registration of7lrte Act. No. 21 of 1998 19 TR ANSMISSION OF TITLE 54. ( I) Where a registered owner dies testate, grant of Registration of probate of the will and any instrument executed in terms of wills. and the will shall be forwarded to the Registrar of Title in inSlrume~ls accorda nce with the provisions of this Act. e:~.:.utefd In terms mereot . I (2) Any provision of a will that makes a person owner of an undi vided share or of a divided share smaller in extent than the prescribed minimum extent of a land parcel that may be registered under this Act shall have no legal effect. (3) A Court in which an application is filed or proved in respect of a provision of a will referred to' in sub-section (2) shall order a sale of such land parcel among the contending claimants. (4) The provisions of sections 29 and 30 shall be applicable to Court proceedings in case of testate succession. 55. ( I) If a registered owner dies intestate. any party Registered owner interested may inform the Commissionerof TItleSettlement dying intestate. of the death of sueh registered owner. (2) The Commissioner of Title Settlement shall on being so notified. publish a notice in the prescribed manner calling for claimants to the land parcel registered in favour of such deceased person. (3) The provisions of sections 13. 14. 20. 21 . 22. 23. 24. 25. 26 and 27 shall apply on the Commissioner of Title Settleme nt calling for claimants in instances of intestate successio n, 56. , I) Where any person has become the owner or has Registration of acquired an interest in any land parcel registered under this Ownership. Act by virtue of any order or certificate of sale made or issued under any law. the Registrar of Title shall. on the application or such person supported by such evidence as he may require. register such person as the owner of such land parcel or of any interest therein . (2) Where any person becomes entitled to function in the capacity of an owner by virtue of any court order the Registrar of Title shall. upon application made in that behalf with supporting documentation which shall be to his satisfaction. register such person in such .capacity, Prcscnpuon. Rccuficunonand inde mnit y. 20 Registration ofTttle Act. No. 21 of 1998 G ENERAL 57. The Prescript ion Ordinance (Chapter 68) shall not apply to lands or interests in land registered under this Act with a First Class Title of Absolute Ownership or a Second Class Tille of Ownership. 58. The Registrar of Title may rectify the Registers and other records maintained under this Act in the following jnstanccs: ( I) On an order from the Registrar-General of Title wherc (a ) errors or omissions not materially affecting the interests of any proprietor. have been detected ; (b) upon a re-survey as certified by the Surveyor General. particulars contained in the register require amendment. onthe Registrar-General of Title giving notice to all shown by such Register to have an interest in or likely to be affected by such am en dm ent and ca ll ing for written representations thereon. (c) upon proof of change of name of the registered owner under the provisions of the Births and Deaths Registration Act. (2) On an order of Court to rectify such Register made under section 59. . Where COlin orders 59. Subject to section60,a Court may order rectification recti f ication. of the Register where it is satisfied that any registration has becn obtained by fraud: Provided however, that a Court sh all not order the rectification of a register so as to affect the title of a registered owner who is in possession and who has acquired the land parcel or interest therein for valuable consideration. unless such owner was a party to such fraud. Registration of Title Act. No. 21 of 1998 21 60. ( I) Any person suffering loss or damage or who has been prejudiced by reason 01' (0) any rectification of the Register in pursuance of an order of Court under this Act; or (h) notrectifyingthe Register inconsequenceof an order of Court made under section 59. shall on an order ofCourt heentitled [0 be indemnified by the Gove rnment out of the Insutance Fund. (2) No sums shall bepaid by way of indemnity under this Act, to any person who has himself caused , or substantially con tributed to any fraud referred to in section 59 or who derives his title froma person whohascaused orsubstantially contributed to such fraud . (3) Where any sum is awarded by way of indemnity on account o f the los s of title to, or interest in any land it shall not exceed in anycase wherc (a l the register is rectified, the market value of the land parcel or the interest in such land parcel immediately before the rectification; (IJ) the register is not rectified. the market value of the land parcel or [he interest in such land parcel at the time when the entry relating to such interest was made in the Register. (4) Where any sum is awarded by way of indemnity, the Registrar-General of Title may on application to Court by way of summary procedure: recover theamount so awarded from any person who has caused or substantially contributed to the loss by his fraud or negligence, 61. No elaim to indemnity shall arise on account of any surplus or deficiency in the area or measurement of land certified by the Surveyor-General. Person suffering lossor damage to be indemnified. No indemnity p&)'ablc on ;;1,07 ·+if or~f..;·.r Partit ion A CI nOI to apply. () IJ..:IKc... . Offen ces relating 10 registers . 22 Registration ofTItle Act. No. 21 of 1998 62. ( I) There shall be an Insurance Fund which shall be man aged by the Reg istrar-General of Title under the supervision of the Central Bank. (2) There shall be credited to the Insurance Fund such fees recovered under this Act as may be prescribed by the Minister. (3) There shall be paid out of the Fund all payments of indemnity under section 58. 63. The Partition Act shall not apply to land parcels registered under this Act with a First Class Title of Absolute Ownership. or Second Class Title of Ownership . 64. ( I) Any person who knowingly misleads or deceives the Surveyor-General. the Commissioner of Title Settlement or the Regi strar-General of Tit le or their Assistants or representatives in the perfonnance of their functions under this Act shall be guilty of an offence and shall be liable on co nviction after summary trial by a Magist rate. to imprisonment of either description for a term not exceeding one yearor to a fine notexceeding Rupees FiveThousand or to both such imprisonment and'such fine. 65. (I) Any person who (a) fraudulently issues or makes or fraudulently procures the issue or making of any extract or other document, oreffects any registration. oranyerasure oralteration in any register orotherdocumentmaintained under thisAct or any extract thereof; or (b ) fraudulently removes from a registry any register maintainedunder this Act oranypart of anyregister orany instrument filed in such registry; or (e) fraudulently causes any defacement, obliteration, mutilation or unauthorised entry or alteration to be made on or in any such register or instrumen t filed of record, shall be guilty of an offence and shall be liable on conviction . after summary trial by a Magistrate, to imprisonment of either description for a term not exceeding three years or to a fine not exceeding Rupees Fifteen Thousand or to both such imprisonment and fine. Registration of7ltle Act, No. 2/ of /998 23 66. Fees speci fied in regulations made under this Act Fees . shall he payable for the matters to which they relate. . 67. ( I) The Ministermay make regulations for the Regulations. purpose of carrying out or givingeffect to theprinciples and provisions of this Act and for any matter which is required by this Act to be prescribed, and the procedure and practice to he observed in carrying out the provisions of this Act. (2) Without prej udice to the generality of the foregoing provisions, the Minister may make regulations for (a) the procedure for the appointment and functioning of Conciliation Boards; (b) the conduct of investigation into claim s ; (e) the procedures for land consolidation and reapportionment; (il) the extent of minimum economic units; (e) the maintenance of records under thisAct ; if> theadministrationandmanagement of the Insurance Fund; (g) the forms required for the purposes of this Act; (h) the fees payable under the Act. (3) Every regulation made by the Minister shall be published in the Gazette and shall come into .operation from the date of such publication. (4) Every regulation made by the Mini ster shall as soon as convenient after publication in the Gazette be brought before the Parliament for approval. Any regulation whieh is not so approved shall be deemed to be rescinded as from the da te of its disapproval but without prejudice to anything previously done thereunder. . Mrvcctluncous 24 Registration ofTitle Act. No. 2/ of /998 (5) Not ificatio n of the date on which any regulati on made hy the Minister is so deemed to be rescinded shall be published in the Gazelle. 68. ( I) Any State institution or local authority may make usc of and have access to the registers maintained under the provisions of thisAct to beused forplanning, administration and other activities of such Institution or local authority. (2) Any State institution or loca l auth ority may reques t the Regis trar-General of Tit le to include in the Register s maintained. under this Act. part iculars of payments due to it on lands registered therein and the Registrar-General of Title sha ll acco rdingly take steps to reco rd such information in the Title Register in the manner prescribed. (3) Any State insti tution or local authori ty may request the Registrar-General of Title to incl ude in the Register s maintained under this Act. particulars pertaining to the natural properties of the land. any development done on the land and anyservitude ;onreceiptof suchrequestthe Registrar-General of Title shall cause such information to be recorded in the Title Register in the prescribed manner. Land Consoli dation. 69. (1) The Mini ster may by notic e published in the Gazette decla re any area as an area co ming within the operation of land co nso lidatio n and re-apportionme nt procedures. (2) Where a notice has been publ ished under subsec tion ( J). the Commissioner of Title Settlement shall take steps for the introduction of procedures for land consolidation and re appo rtio nmen t in the areas referred to in such notice in term s of regu lat ions made under this Act. Notice declaring areas in which the principle of minimumec onomi c unit wilt apply. 70. (1 ) The Minister may by Notice published in the Gazette declare any area for which Regi sters of Title have. been compiled. as an area in which the principle ofminimum economic units of land parcels slull app ly. Registration ofnt/e Act, No. 2/ of /998 25 (2) Where a notice has been published under sub-section (I) above, the Commissioner of Tille Settlement shall take ' steps for the introduction of procedures in conformity with reg ulations made under this Act. 71. Computer and micro filming facilities may be used for the maintenance of any registers and records under this Act. 72. No suit or prosecution shall lie against any officeror employee of the Departments' of the Commissioner of the Tille Settle ment, the Surveyor-General or the Registrar Ge neral of Tille for any act which in good faith is done or purported 10 be done by him in the exercise of his powers or the performance of his duties under this Act. 73. T he pro vi sio ns of th is Act shall have effect notwithstandi ng anything to the contrary contained in any other written law, and where there is any conflict or any inconsistency betweenthe provisionsof this Actand any other law. the provisions of this Act shall prevail over such other law. 74. In the event of any inconsistency between the Sinhala and Tamil texts of this Act. the Sinhala text shall prevail. Use of computer and microfilming facilities. Protections or action. Confl ict with other laws. Sinhala text to prevail in case of inconsi stency. 75. In this Act unless the context otherwise req~ires- Interpretation. "instrument" means a document having the effect of conveying title to and interest in any land parcel in the prescribed form. "in terest in land parcel" means an interest less than full ownership of the land parcel and includes any servitudes or encumbrance over such land parcel ; "land" includes land covered with water, and any benefit arising out of any land. all things attached to the eanh or permanently fastened thereto ; 26 Registration ofTitle Act, No. 2/ of /998 "licensed auctioneer"means ana ucticncer licensed under the Auctioneers and Brokers Ordinance (Chapter 109); "Minister" means the Minister to whom the subject oflands has been assigned ; "owner" means (a) in relation to a land parcel the pcrson named in the TItle Register as the owner thereof, and; (b) in relation to an interest in a land parcel, the person named in the register as the person in whose favour the interest is registered; "La nd parcel" means an area of land separately delineated on the cadastra l map ;' " . " Registrar-General of Tit le" includes any Deputy or Assistant; \ "Registrar of Title" means any person appointed as Registrar of Title under this Act; "registered land" means a land parcel the title to which is registered under this Act ; "servitude" means.a right enjoyed by a pcrson over a land parcel owned by another person; "Surveyor-General" means the officer appointed as Surveyor-General of Sri Lanka or any other officer apPointed in writing to act on his behalf for the purposes of this Act to the extent spec ified in such letter of appointment; Registration ofTitle Act, No. 2/ of /998 27 "Superintendent ofSurveys" means any person performing the functions of a Superintendent of Surveys in the Survey Department ; "Title Register" means the Title Register under the provisions of this Act.