Volume VII

REGISTRATION OF DOCUMENTS ORDINANCE

Arrangement of Sections

CHAPTER I

PRELIMINARY

1. Short title.

2. Land registries.

2A. Repealed.

3. Definition of Land.

CHAPTER II

REGISTRATION OF DUPLICATES OF DEEDS

4. Duplicates to be transmitted to Registrar.

5. Registrar to bind all duplicates.

CHAPTER III

REGISTRATION OF INSTRUMENTS AFFECTING LAND

6. Meaning of “instrument”.

7. Unregistered instruments void against subsequent registered instruments.

8. Meaning of “affecting land”.

9. Registration of notice of seizure.

10. Will when defeated by conveyance by heir.

11. Registration of lis pendens.

12. Books for registration of instruments affecting land.

13. Mode of description of lands in instruments.

14. Instruments to be registered in proper folio.

15. Method of registration.

CHAPTER IV

REGISTRATION OF INSTRUMENTS CREATING PLEDGES, MORTGAGES OR BILLS
OF SALE OF MOVABLE PROPERTY

16. Meaning of “bill of sale”.

17. Pledge, mortgage or bill of sale ineffectual unless property delivered or instrument registered.

18. Transfer or assignment of pledge, mortgages or bills of sale to be also by deed and registered.

19. Saving of registrations under earlier Ordinances.

20. Pledges, mortgages or bills of sale of after-acquired property.

21. Books for registration of pledges, mortgages or bills of sale.

22. Method of registration.

23. Assurance or mortgage of land in same instrument not affected by preceding provisions.

24. Non-application of Chapter to certain documents.

CHAPTER V

PROVISIONS APPLICABLE TO INSTRUMENTS AFFECTING LAND OR PLEDGES, MORTGAGES
OR BILLS OF SALE OF MOVABLE PROPERTY

25. Meaning of “instrument”.

26. Who may present instrument for registration.

27. Day book.

28. Return of instruments.

29. Land or movable property situated in several districts.

30. Priority notices.

31. Seizure priority notices.

32. Caveats.

33. Cancellation of priority notices, seizure notices, seizure priority notices, caveats and lis pendens.

34. Damages for unreasonable priority notice, seizure priority notice, caveat or lis pendens.

35. Correction of errors.

36. Grounds for refusing to register an instrument.

37. Reasons for refusal to be recorded.

38. Appeals against refusal.

39. Power of District Court to cancel registration.

CHAPTER VI

SUPPLEMENTARY

40. Copies of damaged or illegible volumes or part thereof.

41. Indexes.

42. Searches and copies.

43. Evidence.

44. Destruction of priority notices after expiry of registration.

45. Indemnity of Registrars.

46. Costs in suits against Registrar-General.

47. Defect in appointment of Registrars or procedure.

48. Fees.

49. Power to make regulations.

50. Forms.

SCHEDULES

23 of 1927,

19 of 1928,

22 of 1930,

14 of 1936,

34 of 1939,

13 of 1947,

4 of 1974,

14 of 1974,

19 of 1976,

23 of 1978,

6 of 1949,

16 of 1951,

22 of 1958,

11 of 1963,

27 of 1969,

50 of 1982,

5 of 1990,

1386-18-2005,

21 of 2013,

32 of 2022.

.

AN ORDINANCE to amend and consolidate the law relating to the Registration of Documents.

[Date of Commencement: 1st January, 1928]

CHAPTER I

PRELIMINARY

1. Short title.

This Ordinance may be cited as the Registration of Documents Ordinance.

2. Land registries.

(1) There shall continue to be in Colombo a land register office for the purposes of this Ordinance and the Land Registration Ordinances, No. 5 of 18771 and No. 4 of 1889,1 with branch offices at such places as the Minister may from time to time direct, and the Land register office and branch offices established under the land Registration Ordinance, 1891, or any enactment repealed by that Ordinance shall be deemed to be duly established under this Ordinance.

(2) The business of the land register office and branch offices shall be conducted by a Registrar-General of Lands (in this Ordinance called the “Registrar-General”), a Deputy Registrar-General of Lands and such number of Assistant Registrars-General (in this Ordinance called “Assistant Registrars-General”) and Registrars of Lands (in this Ordinance called “Registrars”) as the Minister may from time to time consider necessary. Acting appointments may be made as may be necessary in the event of the Registrar-General or the Deputy Registrar-General of Lands or any Assistant Registrar-General or Registrar being ill or incapable of acting or temporarily absent from duty.

(3) All appointments under this section shall be made, and may at any time be revoked, in accordance with the law for the time being in force relating to the appointment of public officers:

Provided that in the case of death, illness, incapacity, absence from duty, or other emergency, the Registrar-General may appoint any person to act as a Registrar for not more than thirty days at any one time and may at any time revoke such appointment.

2(4) All appointments under this section shall be notified in the Gazette.

(5) All appointments made under the Land Registration Ordinance, 1891,3 shall be deemed to have been made under this Ordinance.

(6) The Registrar-General may, if he thinks fit exercise all or any of the powers possessed by a Registrar.

(7) Subject to the directions of the Registrar-General, any matter or thing which by this Ordinance or any regulation may or is to be done by the Registrar-General may also be done by a 4Deputy Registrar-General or any Assistant Registrar-General.

2A. …

[S 2A rep by s 2 of Law 4 of 1974.]

3. Definitions of Land.

In this Ordinance, unless the context otherwise requires, “land” includes things attached to the earth or permanently fastened to anything attached to the earth and any estate or interest in land, and a mortgage of or charge on land.

CHAPTER II

REGISTRATION OF DUPLICATES OF DEEDS

4. Duplicates to be transmitted to Registrar.

(1) Every District Judge, Judge of a Primary Court, or Justice of the Peace shall, on or before the fifteenth day of each month, deliver or transmit to the Registrar of the district wherein he resides the duplicates of all deeds or other instruments executed before him during the previous month under the provisions of the Deeds and Documents (Execution before Public Officers) Ordinance, together with two copies of a list of such duplicates, and, if the land affected by any such deed or instrument is situated in a district other than that in which he resides, he shall also on or before the day aforesaid transmit or deliver an attested copy of the deed or instrument to the Registrar of the last-mentioned district.

(2) Every public officer by or before whom any document affecting land is executed shall, if subsection (1) of this section does not apply thereto, on or before the fifteenth day of the following month deliver or transmit a duplicate or an attested or certified copy thereof to the Registrar of each district in which the land affected thereby is situated together with two copies of a list of all duplicates or copies so delivered by him.

5. Registrar to bind all duplicates.

(1) Every Registrar shall from time to time cause all duplicates and copies transmitted or delivered to him under the preceding section or any other written law, or by any notary under the provisions of the Notaries Ordinance, to be bound in convenient volumes distinguished by the name of the court to which the judge is attached, or by the name of the Justice or notary who attested the deed or instrument, or, in the case of duplicates or copies transmitted or delivered under subsection (2) by the official designation of the public officer by or before whom the deed or instrument was executed, and shall keep and preserve the same in his office.

(2) All duplicates and copies transmitted or delivered to a Registrar or bound in volumes under the corresponding provision in the Land Registration Ordinance, 1891, or any enactment repealed by that Ordinance shall be deemed to have been so transmitted, delivered, or bound under this Chapter.

CHAPTER III

REGISTRATION OF INSTRUMENTS AFFECTING LAND

6. Meaning of “instrument”.

In this Chapter, unless the context otherwise requires, “instrument” means an instrument affecting land.

7. Unregistered instruments void against subsequent registered instruments.

(1) An instrument executed or made on or after the 1st day of January, 1864, whether before or after the commencement of this Ordinance shall, unless it is duly registered under this Chapter, or, if the land has come within the operation of the Land Registration Ordinance, 1877,5 in the books mentioned in section 26 of that Ordinance, be void as against all parties claiming an adverse interest thereto on valuable consideration by virtue of any subsequent instrument which is duly registered under this Chapter, or, if the land has come within the operation of the Land Registration Ordinance, 1877, in the books mentioned in section 26 of that Ordinance.

(2) But fraud or collusion in obtaining such subsequent instrument or in securing the prior registration thereof shall defeat the priority of the person claiming thereunder.

(3) An instrument duly registered before the commencement of this Ordinance, under the Land Registration Ordinance, 1891, or any enactment repealed by that Ordinance, shall be deemed to have been duly registered under this Chapter.

(4) Registration of an instrument under this Chapter shall not cure any defect in the instrument or confer upon it any effect or validity which it would not otherwise have except the priority conferred on it by this section.

8. Meaning of “affecting lands”.

For the purpose of this Ordinance, the following instruments shall be deemed to affect land, namely—

(a) if executed or made before the commencement of this Ordinance, every deed or other instrument of sale, purchase, transfer, assignment, or mortgage of any land, or of promise, bargain contract, or agreement for effecting any such object, or for establishing or transferring any security, interest, or incumbrance affecting any land (other than a lease at will, or for any period not exceeding one month); or of contract or agreement for the future sale or purchase or transfer of any land; and every deed or act of release, surrender, or annulment of or affecting any such deed or other instrument, and every will disposing of any land, and every grant of administration, affecting any land; and every judgment or order of court affecting land;

(b) if executed or made after the commencement of this Ordinance, all instruments, including wills, decrees and orders of any court or authority, and awards, which purport or operate to create, confer, declare, limit, assign, transfer, charge, incumber, release, or extinguish any right, title, or interest, whether vested or contingent, past, present, or future, to, in or over land, or which create or record or are evidence of any contract for effecting any such object, and also a notice of seizure issued under section 237 of the Civil Procedure Code:

Provided that paragraph (b) of this section shall not apply to—

(i) any decree or order of court where the action in which the decree or order is made has been duly registered as a lis pendens;

(ii) a writ of execution issued under section 225 of the Civil Procedure Code;

(iii) any letters of administration to the estate of an intestate;

(iv) a decree or order adjudging a person to be insolvent or bankrupt;

(v) a decree, order, or other instrument appointing or recording, certifying, or confirming the appointment or election of an assignee or trustee in insolvency or bankruptcy;

(vi) any document relating to shares in a registered company notwithstanding that the assets of the company consist in whole or in part of land;

(vii) a mortgage or debenture by a registered company, so long as its only effect, as respects the land affected thereby, is to create a floating charge thereon in such form that the company can, until the security is enforced, dispose of the land in the ordinary course of its business free from the mortgage or debenture;

(viii) any debenture issue by any such company the only effect of which, as respects the land affected thereby, is to entitle the holder to the benefit of the security afforded by a duly registered instrument;

(ix) any endorsement upon or transfer of any debenture specified in (vii) or (viii);

(x) any receipt for payment of money due under a mortgage or charge;

(xi) any instrument if the only interest in land created or dealt with thereby is a tenancy at Will or for a period not exceeding one month or determinable by the landlord by not more than one month’s notice.

9. Registration of notice of seizure.

(1) A notice under section 237 of the Civil Procedure Code, of a seizure of land effected after the commencement of this Ordinance is an instrument affecting the land seized and may be registered under this Ordinance.

(2) A notice of a seizure effected before the commencement of this Ordinance may also be registered under this Ordinance.

(3) Registration of a notice of seizure shall remain in force for six months only from the date of registration but may be re-registered as often as may be necessary.

(4) Registration of a notice of a seizure in the book kept under section 237 of the Civil Procedure Code, shall remain in force for six months only from the commencement of this Ordinance. But the notice may be re-registered under this Ordinance. No re-registration shall be effected under section 237.

10. Will when defeated by conveyance by heir.

(1) A Will shall not, as against a disposition by any heir of the testator of land affected by the Will, be deemed to be void or lose any priority or effect by reason only that at the date of the disposition by the heir the Will was not registered under this Chapter.

(2) This section applies whether the testator died before or after the commencement of this Ordinance, but does not apply—

(a) where the disposition by the heir was executed before the commencement of this Ordinance; or

(b) where, at the time of the disposition by the heir, being not less than one year after the death of the testator, letters of administration to the estate of the testator have been granted on the footing that he died intestate.

11. Registration of lis pendens.

(1) No lis pendens affecting or relating to land instituted on or after the 9th day of November, 1917, shall bind a purchaser, unless and until the lis pendens is duly registered under this Chapter.

(2) But a lis pendens duly registered before the commencement of this Ordinance under the provisions of Ordinance No. 29 of 1917, shall be deemed to have been duly registered under this Chapter.

(3) In this section, “purchaser” means any person (including a mortgagee or lessee) who, for valuable consideration, takes any interest in or charge on land.

(4) For the purpose of registering a lis pendens a document in the prescribed form shall be presented for registration, and such document shall be registered in the same manner as other instruments affecting land, but shall be retained by the Registrar.

(5) A lis pendens may be registered at any time after the plaint has been accepted by the court in accordance with the provisions of the Civil Procedure Code.

(6) For the purpose of the application of the doctrine of lis pendens, an action duly registered as lis pendens shall be deemed to be pending from the time of registration notwithstanding that the summons has not been served on the defendant.

(7) Where a lis pendens has been duly registered on a date before the 1st day of May, 1947, such registration shall continue in force until such time as it is cancelled under section 33 of this Ordinance.

[S 11(7) am by s 2 of Act 13 of 1947.]

12. Books for registration of instruments affecting land.

(1) Every Registrar shall prepare and keep the prescribed books for the registration of instruments, allotting to each book (which may be in as many volumes as necessary) a defined division of his province or district.

(2) The books for the registration of instruments established under the Land Registration Ordinance, 1891, or any enactment repealed by that Ordinance shall continue to be used, and shall be deemed to be kept under this Chapter.

13. Mode of description of lands in instruments.

(1) Every instrument (other than a will) presented for registration shall embody therein or in a Schedule annexed thereto, an accurate and clear description of the land or immovable property affected thereby, its boundaries, extent and situation specifying the District, Pattu, Korale, Divisional Secretary’s Division, local authority division and the Grama Niladari Division and the village, of the District in which the land is situated and in case the land or immovable property affected by this instrument is situated in within any municipality, town or developed area, declared under section 2 of the Municipal Councils Ordinance, section 2 of the Urban Councils Ordinance and section 2 of the Pradeshiya Sabha Act, No. 15 of 1987 respectively, the assessment number and the name, if any, of the street, in which such land or immovable property is situated.

[S 13(1) subs by s 2 Act 48 of 2011.]

(2) If the land consists of a divided portion of a land or allotment, such portion shall be clearly and accurately defined by its particular boundaries and extent.

(3) If the land consists of an undivided share in a land, the proportion which the share bears to the entire land shall be stalled, and a description of the entire land shall be given as required by subsection (1).

(4) A person desiring to register a Will shall give to the Registrar a written description or the land affected thereby which shall comply with the provisions of subsections (1) to (3) of this section.

(5) Every Registrar shall refuse to register an instrument, other than a Will, which does not state the particulars required by the foregoing provisions of this section.

[S 13(5) subs by s 2 of Act 50 of 1982.]

(5A) Any person aggrieved by the decision of the Registrar under subsection (5) may, within thirty days of such decision being communicated to him, appeal to the Registrar-General who may vary or reverse such decision if it is shown to his satisfaction—

(a) that the description is sufficient to enable the land to be identified with reasonable certainty; or

(b) that it was impracticable to insert the required particulars in the instrument.

[S 13(5A) ins by s 2 of Act 50 of 1982.]

(5B) Any person aggrieved by a decision of the Registrar- General under subsection (5A) may, within thirty days from the date of such decision being communicated to him, institute in any District Court having jurisdiction a suit against the Registrar-General praying for the variation or reversal of such decision.

[S 13(5B) ins by s 2 of Act 50 of 1982.]

(6) Where the description of the land affected by an instrument executed or made after the commencement of this Ordinance is not contained in a schedule to the instrument, a fee of ten rupees or such other amount as may be prescribed by the Minister, shall be payable for the registration in addition to any other fee which may be payable:

[S 13(6) subs by s 2 of Act 50 of 1982; am by s 2 of Act 21 of 2013.]

Provided that nothing in this subsection shall be construed so as to apply or affect any grant or lease of State land made or executed after the commencement of this Ordinance.

(7) There shall be typewritten or written in ink at the head of every instrument (except a will) presented for registration a reference to the volume and folio in which some earlier instrument relating to the same land is registered if such reference is known to the notary who prepared the instrument, or, if the instrument was not prepared by a notary, if such reference is known to the person presenting the instrument for registration.

14. Instruments to be registered in proper folio.

(1) Every instrument presented for registration shall be registered in the book allotted to the division in which the land affected by the instrument is situated and in the folio in which 1974 the first registered instrument affecting the same land is registered, or in another folio (whether of the same volume or of another volume) bearing a separate number, opened in continuation thereof, cross reference being entered in the prescribed manner so as to connect the said folios:

Provided that—

(a) an instrument may, if the Registrar thinks fit, be entered in a new folio, cross references being entered in the prescribed manner so as to connect the registration with any previous registration affecting the same land or any part thereof;

(b) where no instrument affecting the same land has been previously registered, the instrument shall be registered in a new folio to be allotted by the Registrar; and

(c) where a new division of a Registrar is created wholly or partly out of a division (hereinafter referred to as the “old division”) of another Registrar, then, in regard to lands which before the date of creation of the new division were wholly or partly within the old division which on and after that date constitutes the new division or, as the case may be, within such part of the old division as on and after that date constitute a part of the new division—

(i) such of the folios of the book (hereinafter referred to as the “old book”) allotted under section 12 to the old division as contain registrations of instruments affecting any of those lands shall be deemed to form part of the book (hereinafter referred to as the “new book”) allotted under that section to the new division; and

(ii) a registration of an instrument affecting any such land made in the new book and registrations of instruments affecting that land made in the old book shall be connected by cross references made in the prescribed manner in the new book and the old book.

[S 14(1) subs by s 2 of Act 14 of 1974.]

(2) An instrument, whether registered before or after the commencement of this Ordinance, shall not be deemed to be duly registered under this Chapter unless it is registered in accordance with the foregoing provisions of this section.

(3) Every order made after the commencement of this Ordinance under section 4 of Ordinance No. 1 of 18976 entitled “An Ordinance relating to claims to Forest, Chena, Waste, and Unoccupied Lands” and embodying therein an agreement between the Divisional Secretary of the Divisional Secretary’s Division or the special officer appointed under section 28 of that Ordinance and the claimant shall be registered in a new folio to be allotted by the Registrar, and an instrument affecting land dealt with by the agreement and registered after registration of the order shall not be deemed to be duly registered under this Chapter unless it is registered in or in continuation of the folio in which the order is registered.

15. Method of registration.

Registration of an instrument shall be effected by entering the prescribed particulars in the proper folio.

CHAPTER IV

REGISTRATION OF INSTRUMENTS CREATING PLEDGES, MORTGAGES OR BILLS OF SALE OF MOVABLE PROPERTY

[Heading subs by s 3 of Act 22 of 1958.]

16. Meaning of “bill of sale”.

(1) In this Ordinance, unless the context otherwise requires, “bill of sale” includes any assignment, transfer, declaration of trust without transfer, and any ‘ other assurance of movable property, whether absolute or by way of mortgage or otherwise, and also a power of attorney and authority or licence to take possession of movable property as security for any debt, but does not include a marriage settlement or assignment thereof.

(2) Nothing in this Chapter shall apply to contracts of sale of goods within the meaning of the Sale of Goods Ordinance, and made in the ordinary course of any business, trade, or calling, nor to bills of sale of any ship or vessel registered under the Merchant Shipping Act or any share thereof, nor to bills of sale of goods in any foreign parts or at sea; nor to property represented by bills of lading, dock warrants, warehouse-keepers’ certificates warrants or orders for the delivery of goods; nor to any shares or interests in the stock funds or securities of any Government, or in the capital or property of any incorporated or joint stock company; nor to choses in action, other than book debts as defined in section 89 of the Mortgage Act; nor to any crops or produce growing or to be grown on any lands or plantations.

17. Pledge, mortgage or bill of sale ineffectual unless property delivered or instrument registered.

No pledge, mortgage or bill of sale of movable property shall be of any force or effect in law or give the pledgee, mortgagee or transferee any lien, charge, claim, right, or priority to, over or in respect of such property unless—

(a) such property is actually delivered into the possession and custody of the pledgee, mortgagee or transferee or of some person (other than the pledger, mortgagor or transferor) on behalf of the pledgee, mortgagee or transferee and continues to remain actually, ostensibly and bona fide in such possession and custody from the date of the pledge, mortgage or bill of sale until such time as the pledgee, mortgagee or transferee seeks to enforce his rights as such to, over, or in respect of such property; or

[S 17(a) am by s 4 of Act 13 of 1947.]

(b) such pledge, mortgage or bill of sale is created by an instrument in writing signed by the person effecting the same or by some person thereto lawfully authorised by him, and unless such writing shall, within twenty-one days (exclusive of Sundays and public holidays) from the date thereof, have been duly registered in the office of the Registrar of Lands for the district in which such property shall be at the time of such pledge, mortgage or bill of sale, or in the office of the said Registrar for each of such districts, when such property is at the time of such pledge, mortgage or bill of sale in more than one district.

18. Transfer or assignment of pledge, mortgages or bills of sale to be also by deed and registered.

No transfer or assignment, whether made before or after the commencement of this Ordinance, of any pledge, mortgage or bill of sale of any movable property, shall be valid and effectual, so as thereby to give the transferee or assignee any lien, charge, claim, right, or priority over, to, or in respect of such property unless such transfer or assignment shall be in writing, signed by the person transferring the same or by some person thereto lawfully authorised by him, and shall within twenty-one days (exclusive of Sundays and public holidays) from the date thereof have been registered in manner aforesaid.

[S 18 am by s 8 of Act 13 of 1947.]

19. Saving of registrations under earlier Ordinances.

But a bill of sale or transfer or assignment thereof duly registered under Ordinance No. 8 of 1871, or under the Land Registration Ordinances, No. 8 of 1863 and No. 3 of 1865, shall be deemed to have been duly registered under this Ordinance.

20. Pledges, mortgages or bills of sale of after-acquired property.

(1) A pledge, mortgage or bill of sale of movable property not in existence at, or to be acquired after, the time of such pledge, mortgage or bill of sale, and a transfer or assignment of such a pledge, mortgage or bill of sale, shall, if it is registered under this Chapter in any district, be deemed to be duly registered as respects such movable property, but shall not affect such movable property unless and until such movable property is in, or is brought into, the district in which the bill of sale is registered.

(2) This section applies to pledges, mortgages or bills of sale and transfers or assignments of pledges, mortgages or bills of sale, whether created or executed before or after the commencement of this Ordinance but, shall not affect any title for value acquired before the commencement of this Ordinance.

21. Books for registration of pledges, mortgages or bills of sale.

(1) Every Registrar shall prepare and keep the prescribed books for the registration of pledges, mortgages or bills of sale. Each book may be in as many volumes as necessary.

(2) The books for the registration of bills of sale established for the purposes of Ordinance No. 8 of 1871 shall continue to be used and shall be deemed to be kept under this Chapter.

(3) Every Registrar shall prepare and keep a separate book for the registration of instruments creating a pledge or mortgage of book debts.

(4) Every Registrar shall prepare and keep a separate book for the registration of instruments creating a pledge or mortgage of the entirety of the goods which are or may be in any specified premises or which constitute or may at any time constitute the entirety of the stock in trade of the business carried on in any specified premises.

(5) Every Registrar shall prepare and keep a separate book for the registration of trust receipts for imported goods and trust receipts for goods for exportation executed in conformity with the provisions of the Trust Receipts Ordinance.

(6) Every Registrar shall prepare and keep a book for the registration of inland trust receipts executed in conformity with the provisions of the Inland Trust Receipts Act, No. 14 of 1990.

[S 21(6) ins by s 2 of Act 5 of 1990.]

22. Method of registration.

(1) Every pledge, mortgage or bill of sale and transfer or assignment of a pledge, mortgage or bill of sale shall contain embodied therein or in a schedule annexed thereto as clear and accurate description of the movable property affected thereby as circumstances permit.

(2) Where the description of the movable property affected by a pledge, mortgage or bill of sale executed or made after the commencement of this Ordinance is not contained in a schedule annexed thereto, a fee of five rupees or such other amount as may be prescribed by the Minister, shall be payable for the registration in addition to any other fee which may be payable.

[S 22(2) am by s 3 of Act 21 of 2013.]

(3) Registration of a bill of sale shall be effected by entering the prescribed particulars in the proper book and in the prescribed form.

23. Assurance or mortgage of land in same instrument not affected by preceding provisions.

Where an assurance or mortgage of any land and a pledge, mortgage or bill of sale of any movable property situated on such land is effected by the same instrument—

(a) the preceding provisions of this Chapter shall apply to such instrument in so far as a pledge, mortgage, or bill of sale of such movable property is effected or purported to be effected thereby;

(b) the preceding provisions of this Chapter shall not in any way affect such instrument in so far as an assurance or mortgage of the land is effected or purported to be effected thereby.

24. Non-application of Chapter to certain documents.

No bill of sale effected before the commencement of this Ordinance, and no transfer or assignment effected before such commencement of any such bill of sale, shall be deemed to be invalid or in any respect ineffectual for warn of registration under the provisions of this Chapter, if such bill of sale, transfer, or assignment was effected by any instrument executed before the commencement of this Ordinance which also contains any mortgage or assurance of any land or any transfer or assignment of such mortgage or assurance, and if such mortgage or assurance of land or transfer or assignment thereof, has been or shall be duly registered under the law for the time being in force with respect to the registration of instruments affecting land.

CHAPTER V

PROVISIONS APPLICABLE TO INSTRUMENTS AFFECTING LAND OR PLEDGES, MORTGAGES OR BILLS OF SALE OF MOVABLE PROPERTY

[Heading subs by s 4 of Act 22 of 1958.]

25. Meaning of “instrument”.

In this Chapter, unless the context otherwise requires, “instrument” means an instrument affecting land or a pledge, mortgage or bill of sale.

26. Who may present instrument for registration.

(1) An instrument may be presented for registration by—

(a) any person executing the instrument;

(b) any person claiming any interest or benefit thereunder;

(c) any person having any interest in or charge on any property affected thereby; or

(d) the agent of any such person or an attorney-at-law or notary acting on behalf of any such person.

(2) Either the original or a duly attested or certified copy of the instrument may be presented for registration: Provided that, in the case of a Will, the probate or letters of administration with a copy of the Will annexed shall be presented for registration.

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

27. Day book.

(1) Each Registrar shall keep a book to be called the “day book”, in which shall be entered the prescribed particulars of every instrument presented for registration with the day and hour and, if required 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 registration through the post or under cover shall be deemed to have been presented for registration at the time when the packet containing the instrument is opened.

28. Return of instruments.

(1) After registration, the Registrar shall endorse the instrument in the prescribed manner and return it on demand to the person who presented it for registration or his agent.

(2) If the return of an instrument is not claimed within six months from the time of registration or, in the case of an instrument registered before the commencement of this Ordinance, within six months from such commencement, then—

(a) the Registrar shall send the instrument by unregistered letter addressed to the person who presented it for registration at his last known place of abode or business; or

(b) if his address is unknown, the Registrar shall retain the instrument for a further period of six months, and if the instrument is still unclaimed, the Registrar-General may order it to be destroyed.

(3) When an instrument is destroyed, the Registrar shall make a note to that effect in the prescribed form in the day book at the place where the particulars of the instrument were entered on its presentation for registration.

29. Land or movable property situated in several districts.

(1) An instrument which affects land or movable property situated in more districts than one may be presented for registration to the Registrar of each such district, or to the Registrar-General.

(2) The Registrar-General shall, if the instrument is presented to him, instruct each Registrar concerned as to the entry to be made in the register by him.

(3) For the purpose of determining the time of registration, the receipt by a Registrar of the instructions of the Registrar-General shall be deemed to be the receipt of the instrument for registration.

(4) When the instrument has been registered by all the Registrars concerned, the Registrar-General shall endorse the instrument in the prescribed manner and return it on demand to the person who presented it for registration and section 28 shall apply to the instrument.

30. Priority notices.

(1) Any person (in this section called a “transferee”) acquiring or proposing to acquire for valuable consideration from any other person (in this section called the “transferor”) any interest or benefit in any land may before the execution of the instrument by the transferor with his written consent, or after the execution of the instrument by the transferor without such consent, present for registration a notice (in this Ordinance called a “priority notice”) of his intention to register the instrument.

(2) If, at any time while a priority notice remains in force, any instrument is registered whereby the transferee or a person deriving title under him acquires for valuable consideration from the transferor or a person deriving title under him any interest or benefit in the land described in the priority notice, such instrument shall, for the purposes of this Ordinance, be deemed to have been registered at the time of registration of the priority notice.

(3) No instrument executed by the transferor while priority notice registered with his written consent remains in force and affecting any land described in the priority notice shall, except with the written consent of the transferee, be registered while the priority notice remains in force.

(4) The Registrar shall, on receiving a priority notice, register it in the same manner as other instruments, but shall retain the notice.

(5) A priority notice shall remain in force for six weeks from the date of registration of the notice, but may at any time before the end of such six weeks, before the execution of the instrument by the transferor with his written consent, or after the execution of the instrument by the transferor without such consent, be renewed by the transferee or a person deriving title under him for a further period of six weeks, and if so renewed shall remain in force for a further period of six weeks computed from the end of the first period of six weeks.

(6) If an instrument is not registered pursuant to a priority notice while the notice remains in force, the priority notice shall be deemed to have lapsed and shall have no effect under the provisions of this Ordinance.

(7) This section shall apply to a decree, order, or will affecting land in like manner as it applies to any other instrument, except that a priority notice as to a decree, or order may not, except with the leave of the court, be lodged before delivery in court of the judgment, and a priority notice as to a will may not be lodged until after the death of the testator.

31. Seizure priority notices.

(1) When a writ of execution is issued, the judgment creditor may, so long as the judgment remains unsatisfied, present for registration a notice (in this Ordinance called a “seizure priority notice”) to the effect that the land described therein is liable to seizure under the writ of execution.

(2) If, at any time while the seizure priority notice remains in force, notice of seizure of any land described in the seizure priority notice is registered, notice of the seizure shall, for the purposes of this Ordinance and of section 238 of the Civil Procedure Code, be deemed to have been registered at the time of registration of the seizure priority notice or at the time when the seizure was actually effected, whichever date shall be the later, and shall have effect accordingly.

(3) The Registrar shall, on receiving a seizure priority notice, register it in the same manner as other instruments, but shall retain the notice.

(4) A seizure priority notice shall remain in force for six weeks from the date of registration of the notice, but may, at any time before the end of such six weeks, be renewed for a further period of six weeks, and if so renewed shall remain in force for a further period of six weeks computed from the end of the first period of six weeks.

(5) If notice of a seizure under the writ of execution is not registered while the seizure priority notice remains in force, the seizure priority notice shall be deemed to have lapsed and shall have no effect under the provisions of this Ordinance.

32. Caveats.

(1) —

(a) A person (hereinafter referred to as the “caveator”) who—

(i) has a right, title or interest; or

(ii) 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.

(b) Every caveat presented for registration shall—

(i) be in duplicate and accompanied by an affidavit of the caveator together with a certificate issued by an Attorney-at-Law substantiating the right, title or interest in the land or claims to a right, title or interest in the land of the caveator;

(ii) 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;

(iii) 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

(iv) 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.

(c) For the purpose of this section—

(i) “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 judgment 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;

(ii) “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

(iii) “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.

[S 32(1) subs by s 2(1) of Act 32 of 2022.]

(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 the receipt of such caveat and record the prescribed particulars referred to in subsection (1) of section 27.

[S 32(1A) ins by s 2(2) of Act 32 of 2022.]

(1B) Upon the acknowledgment, 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.

[S 32(1B) ins by s 2(2) of Act 32 of 2022.]

(2) The Registrar shall on receiving a caveat register it in the same manner as other instruments, but shall retain the caveat.

(3) A caveat shall be in force for a maximum period of two years.

[S 32(3) subs by s 2(3) of Act 32 of 2022.]

(4) 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 and shall be sent by registered letter to the address mentioned in the caveat.

[S 32(4) am by s 2(4) of Act 32 of 2022.]

(5) If, while a caveat is in force, an instrument affecting the land described in the caveat is presented for registration, and in an action commenced by the caveator in a competent court within sixty days from posting of the notice required by subsection (4) it is proved to the satisfaction of the court that the instrument presented for registration is or was at the time of registration void or voidable by the caveator or fraudulent as against him or in derogation of his lawful rights the court may order the instrument to be rectified or cancelled as may be necessary to preserve the rights of the caveator, and may order the necessary correction to be made in the register.

[S 32(5) am by s 2(5) of Act 32 of 2022.]

(6) Nothing in this section shall affect any other power which may be possessed by any court of ordering any instrument to be rectified or cancelled.

33. Cancellation of priority notices, seizure notices, seizure priority notices, caveats, and lis pendens.

(1) Registration of a priority notice, seizure notice, seizure priority notice or lis pendens may be cancelled at the request in writing of the person by whom or on whose behalf it was presented for registration.

[S 33(1) am by s 3(1) of Act 32 of 2022.]

(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

(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.

[S 33(1A) ins by s 3(2) of Act 32 of 2022.]

(2) A District Court may, on the application of any person interested in any property affected by registration of a priority notice, seizure notice, seizure priority notice, caveat, or lis pendens, if it is satisfied that the registration was or has become unnecessary, order that the registration be cancelled. An application under this subsection may be made in a suit or summarily under Chapter XXIV of the Civil Procedure Code.

(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 subparagraph (iv) of paragraph (b) of subsection (1) of section 32.

[S 33(2A) ins by s 3(3) of Act 32 of 2022.]

(3) A cancellation under this section shall be registered by the Registrar in the prescribed manner.

(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 33(4) ins by s 3(4) of Act 32 of 2022.]

 

34. Damages for unreasonable priority notice, seizure priority notice, caveat or lis pendens.

Any person injured by reason of the registration or renewal of a priority notice, seizure priority notice, caveat, or lis pendens without reasonable cause, or by unreasonable failure to request cancellation of registration of a priority notice, seizure priority notice, caveat, or lis pendens may recover compensation from the person who applied for such registration or renewal. A claim for such compensation may be joined with an application for the cancellation of the notice, caveat, or lis pendens or may be made by suit.

35. Correction of errors.

(1) Where it is shown to the satisfaction of the Registrar-General that any error or omission has been made in registering any instrument, whether before or after the commencement of this Ordinance, the Registrar-General shall issue notice in writing in the prescribed form—

(a) in the case of a deed to the parties thereto; or

(b) in the case of a Will to the executor or administrator, as the case may be; or

(c) in the case of any other instrument to the person who presented it for registration, and order such error or omission to be corrected and the correction shall then be made by the Registrar concerned in the prescribed manner, but shall not affect any priority accrued before the correction is made:

Provided that the Registrar-General may with like effect make such an order for the correction of any error or omission made in registering any such instrument if it is proved to his satisfaction by any person interested that by reason of the death or legal incapacity of any person or party to whom notice is required to be issued as aforesaid or for any other sufficient cause whatsoever, such notice cannot be issued.

[S 35(1) subs by s 3 of Act 50 of 1982.]

36. Grounds for refusing to register an instrument.

(1) A Registrar may, if he thinks fit, refuse to register an instrument—

(a) where he has reason to suspect that the person presenting the instrument for registration is not a person who is authorised by this Ordinance to present it for registration, until such person proves his right to present it for registration;

(b) if it does not comply with the provisions of this Ordinance or any written law affecting the form or mode of execution of such instrument.

(2) A Registrar shall refuse to register an instrument—

(a) if it is liable to stamp duty, unless it is duly stamped;

(b) until any fee payable for registration has been paid.

37. Reasons for refusal to be recorded.

Every Registrar finally refusing to register an instrument shall make an order of refusal and record his reasons for such order in the prescribed book, and shall endorse the words “registration refused” on the instrument, and on application made by the person who, presented the instrument shall without payment or unnecessary delay give him a copy of the reasons so recorded.

38. Appeals against refusal.

(1) Any person aggrieved by an order of a Registrar refusing to register an, instrument may, within thirty days from the date of the order being communicated to him, appeal to the Registrar-General, who may vary or reverse the order.

(2) Any person aggrieved by the decision of the Registrar-General under this section may, within thirty days from the date of such decision being communicated to him, institute in the District Court a suit against the Registrar-General praying for the variation or reversal of the decision of the Registrar-General.

39. Power of District Court to cancel registration.

Where it is shown to the satisfaction of a District Court that any instrument registered under Chapters III or IV is a forgery, or has been registered without due authority or in contravention of any provision of this Ordinance, or where any instrument registered as aforesaid is rectified or set aside by a competent court, the District Court may order the registration of the instrument to be cancelled or to be rectified in such manner as the circumstances may require, and may order the original instrument to be brought into court and the endorsement of registration thereon to be cancelled or altered.

CHAPTER VI

SUPPLEMENTARY

40. Copies of damaged or illegible volumes or part thereof.

If any volume or any part of any volume of duplicates or copies in the custody of a Registrar under Chapter II or any volume or any part of any volume of any book kept by a Registrar under this Ordinance shall at any time be damaged or be in danger of becoming illegible, the Registrar-General may, if he thinks fit, direct a copy of the volume or part so damaged or in danger of becoming illegible to be made, verified, and certified in such manner as he may direct, and thereupon such copy shall be substituted for, and shall for all the purposes of this Ordinance (including this section) and every other written law be deemed to be, the volume or part so damaged or in danger of becoming illegible.

[S 40 am by s 5 of Act 22 of 1958.]

41. Indexes.

Each Registrar shall keep such indexes of instruments affecting land and pledges, mortgages or bills of sale registered by him as may from time to time be prescribed.

[S 41 am by s 8 of Act 13 of 1947.]

42. Searches and copies.

Subject to the prescribed regulations, all duplicates and copies and all books and indexes kept under this Ordinance may be searched and examined by any person claiming to be interested therein or by his Attorney-at-law or agent duly authorised thereto in writing, and certified copies of or extracts from any such duplicate, copy, or book may be obtained if required.

43. Evidence.

(1) A copy or extract purporting to be certified under the hand of a Registrar to be a true copy of or extract from any duplicate or copy preserved under this Ordinance or of or from any book kept pursuant to this Ordinance shall be admissible in evidence without proof of the signature or appointment of the Registrar, and shall be prima facie evidence of the contents of such duplicate, copy, or book for all purposes and in all proceedings, civil or criminal, but subject to all just and lawful exceptions.

(2) An endorsement by the Registrar in the prescribed form on a duplicate of an application for registration of a lis pendens, or on a duplicate of a priority notice or seizure priority notice or an application for renewal of such a notice, or on a duplicate of a caveat shall be admissible in evidence without proof of the signature or appointment of the Registrar, and shall be prima facie evidence of registration of the lis pendens, priority notice, or seizure priority notice or caveat or of the renewal of the priority notice or seizure priority notice for all purposes and in all proceedings, civil or criminal, but subject to all just and lawful exceptions.

44. Destruction of priority notices after expiry of registration.

The document required to be retained by the Registrar when a priority notice, seizure priority notice, caveat, or lis pendens is registered may, unless its preservation is ordered by any court, be destroyed by him at any time after the expiry of two years from the termination of the period during which the registration is in force.

45. Indemnity of Registrars.

No Registrar shall be liable in damages by reason of anything in good faith done or refused in his official capacity.

46. Costs in suits against Registrar-General.

No order for the payment of costs by the Registrar-General shall be made in any suit authorised by this Ordinance to be brought against him.

47. Defect in appointment of Registrars or procedure.

Nothing done in good faith pursuant to this Ordinance or the Land Registration Ordinance, 1891*, or any enactment repealed by that Ordinance by any Registrar shall be deemed invalid by reason only of a defect in his appointment or in procedure.

48. Fees.

The fees specified in the First Schedule as may be prescribed by the Minister, from time to time, shall be payable for the matters to which they relate.

[S 48 subs by s 4 of Act 21 of 2013.]

49. Power to make regulations.

(1) The Minister may make regulations, to be published in the Gazette, as to any matter which by this Ordinance may or is to be prescribed and generally for regulating the forms to be used and the procedure and practice to be observed in carrying this Ordinance into effect.

(2) All such regulations shall, as soon as conveniently may be, be laid before Parliament and may, at any of the next following three meetings, be rescinded by resolution of Parliament but without prejudice to anything already done thereunder, and if not so rescinded shall be deemed to be valid.

50. Forms.

The forms contained in the Second Schedule shall be used with such variations as circumstances may require.

[S 50 am by s 4 of Act 32 of 2022.]

SCHEDULES

FIRST SCHEDULE

[Section 48]

FEES

PART I

For the registration of the following instruments, if executed’ or made on or after 1st July, Rs. c. 1919, whether before or after the commencement of this Ordinance—	Rs.	c.
1. Every instrument of release, surrender or annulment and every receipt or discharge where the amount of principal for which such instrument or receipt or discharge is given does not exceed Rs. 5,000, a fee of…	5	0
Where it is indefinite, or it exceeds Rs. 5,000, a fee of….	10	0

[Part I (1) subs by s 2 of Law 19 of 1976.]

2. Every instrument of partition, and every judgment or decree of court decreeing such partition—
For each land allotted or divided of which the value does not appear on the, face of the instrument or judgment or decree, a fee of	5	0
For land allotted or divided of which the value appears on the face of the instrument or judgment or decree, where the aggregate value of such land does not exceed Rs. 100, a fee of	1	0

	Rs.	c.
Where it exceeds Rs. 100 and does not exceed Rs. 250, a fee of….	2	0
Rs. 250 and does not exceed Rs, 500, a fee of….	3	0
Rs. 500 and does not exceed Rs. 1,000, a fee of….	4	0
Rs. 1,000 and does not exceed Rs. 2,500, a fee of….	5	0
Rs. 2,500 and does not exceed Rs. 5.000, a fee of….	7	50
Rs. 5,000 and does not exceed Rs. 10,000, a fee of….	10	0
And every further Rs. 10,000 or part of Rs. 10,000, a fee of….	10	0
3. Notice of seizure in execution, or removal of such notice, for each Land Registry in which the seizure is registered or re-registered, a fee of….	0	50
And where the seizure or removal of seizure relates to more lands than one in any one Land Registry, for every such land after tha first, an additional fee of….	0	25
4. Lis pendens, for each Land Registry in which the lis pendens is registered —Where the action is in a District Court, a fee of….	5	0
Where the action is in a Primary Court a fee of….	2	0
5. A priority notice or seizure priority notice for each Land Registry in which the notice is registered, a fee of….	2	50
6. For each land described in the Caveat, for each Land Registry in which each caveat in respect of each such land s registered and for each period of two years, a fee of…	2500	00
[First Sch Part I (6) subs by s 5(1)(i) of Act 21 of 2013.] 7. Cancellation of registration of a priority notice, seizure priority notice. Lis pendens or caveat, for each Land Registry in which the cancellation is registered, a fee of..	0	50
8. Every decree or order of court affecting land, not being a decree or order decreeing partition, and every will, a fee of….	6	0
9. Every instrument of any kind whatsoever not expressly exempted, a fee of….	100	00
[First Sch Part I (9) subs by s 5(1)(ii) of Act 21 of 2013.] 10. An instrument presented to the Registrar-General under section 29 , in addition to any other fee payable, a fee of...	1000	00
[First Sch Part I (10) subs by s 5(1)(iii) of Act 21 of 2013.] N.B.—No fee shall be charged under this item for registering any instrument of sale, purchase, transfer, assignment, lease, mortgage, or bill of sale requiring registration or of promise, bargain, contract, or agreement for effecting any such object or for transferring any security, interest, or incumbrance, or of contract or agreement for a future sale or purchase or transfer.

PART II

For the registration of the following instruments, if executed before 1st July, 1919—
1. Every instrument of sale, purchase, transfer, assignment, or mortgage of any immovable property, or of promise, bargain, contract, or agreement for effecting any such object, or for transferring any security, interest, or incumbrance affecting such property (other than a lease), or of contract or agreement for the future sale or purchase or transfer of any such property—
(a) Where the consideration of the instrument is wholly in money, or where the sum	Rs.	c.
Recoverable upon the instrument is definite, and where such consideration or such recoverable does not exceed Rs. 100, a fee of….	1	0

Where it exceeds Rs. 100 and does not exceed Rs. 250, a fee of…. 2 0

Rs. 250 and does not exceed Rs. 500, a fee of…. 3 0

Rs. 500 and does not exceed Rs. 1,000, a fee of…. 4 0

Rs, 1,000 and does not exceed Rs. 2,500, a fee of…. 5 0

Rs. 2,500 and does not exceed Rs. 5,000, a fee of…. 7 50

Rs. 5,000 and does not exceed Rs. 10,000, a fee of…. 10 0

And for every further Rs. 10,000 or part of Rs. 10,000, a fee of…. 10 0

(b) Where the consideration of the instrument is not wholly in money, an additional fee of 1 10 0

(c) Where the money consideration of the instrument is not stated, but the value of the property is stated—

Where such value does not exceed Rs. 100, a fee of…. 1 0

Where it exceeds Rs. 100 and does not exceed Rs. 250, a fee of…. 2 0

Rs. 250 and does not exceed Rs. 500, a fee of…. 3 0

Rs. 500 and does not exceed Rs. 1,000, a fee of…. 4 0

Rs. 1,000 and does not exceed Rs. 2,500, a fee of… 5 50

Rs. 2,500 and does not exceed Rs. 5,000, a fee of…. 7 50

Rs. 5,000 and does not exceed Rs. 10,000, a fee of…. 10 0

And for every further Rs. 10,000 or part of Rs. 10,000, a fee of.. 10 0

(d) Where neither the money consideration of the instrument nor the value of the property is stated, a fee of… 20 0

(e) Where the total amount of money ultimately recoverable upon the instrument is indefinite, a fee of…. 25 0

(f) Where the consideration of the instrument, or where the sum recoverable upon the 25 0

instrument is a definite and certain sum of money already lent, advanced, or due, or to be lent and advanced
on the execution of the instrument, together with an indefinite sum to be thereafter lent, advanced, or paid, or
which may become due upon an account current, the same duty and conditions as to calculation of duty on the
definite and certain sum of money already lent, advanced, or due, or to be lent and advanced on the execution
of the instrument, as where the sum recoverable on the instrument is definite, together with an additional fee of….

2. Every lease, transfer, or assignment thereof—

(a) Where the consideration is wholly in money and does not exceed Rs. 100, a fee of.. 1 0

Where it exceeds Rs. 100 and does not exceed Rs. 250, a fee of…. 2 0

Rs. 250 and does not exceed Rs. 500, a fee of…. 3 0

Rs. 500 and does not exceed Rs. 1,000, a fee of…. 4 0

Rs. 1,000 and does not exceed Rs. 2,500, a fee of…. 5 0

Rs. 2,500 and does not exceed Rs. 5,000, a fee of… Rs. c.

7 50

Rs, 5,000 and does not exceed Rs. 10,000, a fee of….. 10 0

And for every further Rs. 10,000 or part of Rs. 10,000, a fee of…. 10 0

Provided that the fee shall not exceed that on a lease for five years.

(b) Every lease, transfer, or assignment thereof, where the consideration is partly in produce, and the value
of such produce is not stated in the instrument, a fee of Rs. 2.50 in addition to the fee upon the stated
pecuniary consideration.

(c) Every lease, transfer, or assignment thereof, where the consideration consists wholly of 10

produce, a fee of….

3. Every instrument of release, surrender, or annulment, and every receipt or discharge—

Where the amount of principal for which such instrument or receipt or discharge is given does not exceed
Rs. 5,000, a fee of…. 1 0

Where it is indefinite or it exceeds Rs. 5,000, a fee, of…. 2 50

4. Every instrument of partition, and every judgment or decree of court decreeing such partition—

For each land allotted or divided of which the value does not appear on the face of the instrument or judgment
or decree, a fee of….. 5 0

For land allotted or divided of which the value appears on the face of the instrument or judgment or decree,
where the aggregate value of such land does not exceed Rs. 100, a fee of…. 1 0

Where it exceeds Rs. 100 and does not exceed Rs. 250, a fee of…. 2 0

Rs. 250 and does not exceed Rs. 500, a fee of…. 3 0

Rs. 500 and does not exceed Rs. 1,000, a fee of…. 4 0

Rs. 1,000 and does not exceed Rs. 2,500, a fee of…. 5 0

Rs. 2,500 and does not exceed Rs. 5,000, a fee of…. 7 50

Rs. 5,000 and does not exceed Rs. 10,000, a fee of.. - - 10 0

And for every further Rs. 10,000 or part of Rs. 10,000, a fee of..,’….. 10 0

5. Every judgment or order of court affecting immovable property, and every probate

of a will or letters of administration, a fee of,…. 5 0

6. Every instrument of any kind whatsoever not charged in this Schedule nor expressly exempted, a fee of…. 10 0

7. An instrument presented to the Registrar-General under section 29, in addition to any other fee

payable, a fee of,….. 10 0

N.B.—When application is made to more Registrars than one under section 29 any fee payable

shall be collected by the first Registrar…..;

PART III

[First Sch Part III subs by s 5(2) of Act 21 of 2013.]

	Rs.	c.
1. An application to, inspect the duplicates of deeds, instruments or documents, or the attested or certified copies thereof transmitted or delivered, inspect any book or index under Chapter II, III, IV,V or VI for each transaction or matter in respect of which the search is made, a fee of	500	00
2. An application for— (a) copies of or extracts from any deed relating to any land a fee of (b) Copies of or extracts from any folio or folios relating to any land a fee of	500 100	00 00
3. For supplying an endorsement of registration of lis pendens, priority notice, seizure priority notice other than a caveat under section 43(2), the same fee as was paid on registration

 

SECOND SCHEDULE

[Section 50]

FORMS

Form I

[Section 11]

APPLICATION FOR REGISTRATION OF A “ LIS PENDENS’

To the Registrar of Lands o f………..

I, (full name, occupation, and postal address), hereby apply for registration of the * action (give parties, court, and reference to number of action and give reference to a previous registration if known) as a lis pendens affecting the following land in your district (describe land as in section 13)—

Dated………..

Signature of applicant or his attorney-at-law.

* In the case of a partition action the word “partition” should be inserted.

Form II

[Section 43]

ENDORSEMENT OF REGISTRATION OF A -LIS PENDENS” ON A DUPLICATE OF THE APPLICATION FOR REGISTRATION

Registered as a lis pendens on (date) in (reference to folio).

Dated………..

(Signature.)

Registrar of Lands of………..

Form III

[Section 30]

PRIORITY NOTICE

To the Registrar of Lands of

Take notice under the Registration of Documents Ordinance, that I, (full name. occupation, and postal address in Sri Lanka of transferee). Intend to present to you for registration within six weeks from the dale of registration of this notice an instrument whereby I or a person deriving title under me will acquire for valuable consideration an interest or benefit from (full name. occupation, and address of transferor) in (describe land giving the particulars required by section 13 and give reference to a previous registration if known).

Signature of applicant or his attorney-at-law or notary.

Dated………..

Signed by the above-named………. in the presence of (full names and addresses of two witnesses).

1. Signature of first witness:..

2. Signature of second witness:

(Add where the instrument has not been executed by the transferor:)

And I, {name and address in full}, being the transferor described in the above-written priority notice hereby consent to the registration of such priority notice.

Dated…………. .. Signature.

Signed by the above-named in the presence, of (full names and addresses of two witnesses).

1. Signature of first witness:..

2. Signature of second witness;

Form IV

[Section 31]

SEIZURE PRIORITY NOTICE

To the Registrar of Lands of,

Take notice that under the writ of execution dated…………… for the sum of rupees…………… recovered by (name, address, and description of judgment-creditor) against {name. address, and description of judgment-debtor) by a judgment dated…………… of the court of…………… in {give number of action} the following land in your district is liable to seizure under the writ of execution, namely {describe land as in section 13. giving, where possible, a reference to a previous registration of the land).

Signature of judgment-creditor or his attorney-at-law.

Dated……………

Form V

[Section 43]

ENDORSEMENT OF REGISTRATION OF A PRIORITY NOTICE OR SEIZURE PRIORITY NOTICE ON DUPLICATE

Registered on (date) in (reference to folio).

(Signature)

Dated…………… Registrar of Lands of……………

Form VI

[Section 30]

APPLICATION FOR RENEWAL OF PRIORITY NOTICE OR SEIZURE PRIORITY NOTICE

To the Registrar of Lands of……………

I, (full name, occupation, and postal address of transferee), hereby apply for the renewal of the priority notice dated…………… and registered in (give reference to volume and folio) for a further period of six weeks.

Signature of applicant or his attorney-at-law or notary.

Dated……………

Signed by the above-named…………. in the presence of (full names and addresses of two witnesses).

1. Signature of first witness:……………

2. Signature of second witness:……………

(Where the instrument has not been executed by the transferor, add his consent as in Form ().)

Form VII

[Section 43]

ENDORSEMENT OF RENEWAL OF A PRIORITY NOTICE OR SEIZURE PRIORITY NOTICB ON DUPLICATE OF APPLICATION FOR RENEWAL

Renewed on (date).

(Signature.)

Dated…………… Registrar of Lands of…………..

Form VIII

[SECTION 32(b)]

[Second Sch Form VIII subs by s 5(1) of Act 32 of 2022.]

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

Schedule

(describe land as in section 13 and previous registration, if known)

Form IX

[Section 43]

ENDORSEMENT OF REGISTRATION OF A CAVEAT ON DUPLICATE

Registered on (date) in (reference to folio).

(Signature.)

Registrar of Lands of ……………

Dated…………………….

Form X

[SECTION 32(1)(b)(ii)]

[Second Sch Form X ins by s 5(2) of Act 32 of 2022.]

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)]

[Second Sch Form XI ins by s 5(2) of Act 32 of 2022.]

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: .......................

Deed No.	Nature of the deed/instrument	Name of the Notary who attested the deed/instrument	Description of the land (as per the Schedule)	Parties