PREVENTION OF FRAUDS ordinance

Arrangement of Sections

1. Short title.

2. Deeds affecting immovable property to be executed before a notary and witnesses.

3. Certain contracts or agreements for the cultivation of paddy fields and Chenas for any period not exceeding twelve months need not be naturally executed Operation.

4. Every Will shall be in writing and signed by the testator in the presence of two witnesses at one time.

5. Appointments by Will to be executed like other Wills and to be valid although other required solemnities are not observed.

6. No Will to be revoked but by another Will or codicil or by a writing executed like a Will or by destruction.

7. No alteration in a Will shall have any effect unless executed as a Will.

8. No Will revoked to be revived otherwise than by re-execution or a codicil to revive it.

9. Publication not to be requisite.

10. Will not to be void on account of incompetency of attesting witness.

11. Gifts to an attesting witness to be void.

12. Creditor attesting to be admitted a witness.

13. Executor to be admitted a witness.

14. Soldiers and mariners Wills excepted.

15. Deeds executed before other than proper notary prior to passing of Ordinance.

16. Deeds to be executed in duplicate.

17. Ordinance not to affect sales by Government.

18. No promise to be in force unless in writing and signed.

19. Instruments falling under section 18 to be notarially attested if affecting land.

7 of 1840,

16 of 1852,

11 of 1896,

60 of 1947.

AN ORDINANCE to provide more effectually for the Prevention of Frauds and Perjuries.

[Date of Commencement: 1st February, 1840]

1. Short title.

This Ordinance may be cited as the Prevention of Frauds Ordinance.

2. Deeds affecting immovable property to be executed before a notary and witnesses.

No sale, purchase, transfer, assignment or mortgage of land or other immovable property and no promise, bargain, contract or agreement for effecting any such object or for establishing any security, interest or incumbrance affecting land or other immovable property (other than a lease at Will or for any period not exceeding one month), nor any contract or agreement for the future sale or purchase of any land or other immovable property and no notice, given under the provisions of the Thesawalamai Pre-emption Ordinance, of an intention or proposal to sell any undivided share or interest in land held in joint or common ownership, shall be of force or avail in law unless the same shall be in writing and signed by the party making the same or by some person lawfully authorised by him or her in the presence of a licensed notary public and two or more witnesses present at the same time and unless the execution of such writing, deed or instrument be duly attested by such notary and witnesses.

3. Certain contracts or agreements for the cultivation of paddy fields and Chenas for any period not exceeding twelve months need not be naturally executed Operation.

(1) The provisions of section 2 shall not be taken to apply to any contract or agreement for the cultivation of paddy fields or chena lands for any period not exceeding twelve months, if the consideration for such contract or agreement shall be that the cultivator shall give to the owner of such fields or lands any share or shares of the crop or produce thereof.

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