REGISTRATION OF TITLE ACT

Arrangement of Sections

1. Short title.

Preliminary

2. Commissioner of Title Settlement.

3. Registrar General of Title and Title Registries.

4. Unit of record.

5. Method of registration.

6. All officers to be public servants.

7. Conciliation Boards.

8. Reference to Conciliation Boards.

9. Powers duties of Conciliation Boards.

Registration of Title Initial Compilation

10. Registration of title to land parcel to be in accordance with Cadastral Map.

11. Preparation of cadastral maps.

12. Publication of Notice.

13. Investigation.

14. Order of Declaration.

15. Appointment of manager powers and duties.

16. Rights of co-owners.

17. Beneficiaries may request appointment of new Manager.

18. Power of Commissioner of Title Settlement to appoint new Manager.

19. Registration of State land.

20. Registration of interest in land parcel.

21. Reference of claims to District Court.

22. Claimant aggrieved may make an appeal to District Court.

23. Additional surveys.

24. Order of Court.

25. Commission to Surveyor-General.

26. Schedule of Title to be despatched to registrar of Title on conclusion of investigations.

27. Contents of Schedule to be Registrar.

28. Transactions relating to land parcels registered under the Act, not to be entered under Registration of Documents Ordinance.

29. Person aggrieved by registration may apply to District Court.

30. Where District Court orders amendment of Register.

31. Conversion of Title to one of First Class Title of Absolute Ownership.

32. Effect of registration.

33. Entries in Title Register to be conclusive evidence of the rights conferred there in.

Inspection of Register and Issue of Certified Copies

34. Inspection of Register and cadastral map.

35. Certification by Registrar to be prima facie evidence.

Sub-Division and Amalgamation

36. Sub-division or amalgamation of units.

37. Certificate of Title.

Transactions Relating to Registered Land

38. Interest in land parcel not acquired unless registration.

39. Transactions relating to a land parcel to be made in accordance with Act.

40. Who may present instrument for registration.

41. Day book.

42. Prior Title.

43. Form of instruments relating to a land parcel.

44. Duties of Attestor.

45. Attestor to forward instruments attested within seven days.

46. The Registrar of Title not to register instrument conveying title in future.

47. Part of land parcel not to be transferred unless new registers are opened.

48. Instrument conferring co-ownership invalid.

49. Instrument to take effect on registration.

Strata Titles

50. Registration of horizontal sub-division of buildings.

51. Filing of condominium plan by superintendent of surveys.

52. Mode of registration of condominium parcels.

Retention of Instruments

53. Retention and destruction of instruments.

Transmission of Title

54. Registration of wills, and instruments executed in terms thereof.

55. Registered owner dying intestate.

56. Registration of Ownership.

General

57. Prescription.

58. Rectification and indemnity.

59. Where Court orders rectification.

60. Person suffering loss or damage to be indemnified.

61. No indemnity payable on surplus or deficiency.

62. Insurance Fund.

63. Partition Act not to apply.

64. Offences.

65. Offences relating to registers.

66. Fees.

67. Regulations.

68. Miscellaneous.

69. Land Consolidation.

70. Notice declaring areas in which the principal of minimum economic unit will apply.

71. Use of computer and micro filming facilities.

72. Protections or action.

73. Conflict with other laws.

74. Sinhala text to prevail in case of inconsistency.

75. Interpretation.

21 of 1998.

AN ACT to make provision for the investigation and registration of title to a land parcel; for the regulation of transactions relating to a land parcel so registered; and for matters connected therewith or incidental thereto.

[Date of Commencement: 29th April, 1998]

1. Short title.

This Act may be cited as the Registration of Title Act, and shall apply to such Province, Administrative District or Administrative Division as the Minister may from time to time, by Order published in the Gazette, specify as an area to which this Act shall apply.

Preliminary

2. Commissioner of Title Settlement.

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

3. Registrar General of Title and Title Registries.

(1) 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 title to lands situated within any area specified in an Order made under section 1 of this Act, and falling within such districts 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 of Title.

4. Unit of record.

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

5. Method of registration.

Registration shall be effected by entering in the Title Register, the prescribed particulars relating to title to such land parcel.

6. All officers to be public servants.

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

7. Conciliation Boards.

(1) There may be appointed by the Commissioner of Title Settlement, a Conciliation Board for each Grama Niladhari Division in any area specified in an Order under section 1 of this Act.

(2) Each such Conciliation Board shall consist of—

(a) not less than three and not more than seven members selected from amongst 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 themselves.

8. Reference to Conciliation Boards.

The Commissioner of Title Settlement may refer any dispute pertaining to any land parcel for settlement by the Conciliation Board appointed for the area in which such land is situated.

9. Powers duties of Conciliation Boards.

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 of Title Initial Compilation

10. Registration of title to land parcel to be in accordance with cadastral map.

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

11. Preparation of cadastral maps.

On the publication of an Order under section 1 of this Act, the Commissioner of Title Settlement shall request the Surveyor-General to prepare cadastral maps for the areas specified in such Order and upon such request the Surveyor-General shall cause such cadastral maps to be prepared and certified copies of the same to be issued to the Commissioner of Title Settlement.

12. Publication of Notice.

The Commissioner of Title Settlement shall, on receipt of such certified copies of cadastral maps publish a Notice in the Gazette, calling for any claimants to the land parcel specified in such Notice to submit their claims to him within a prescribed period from the date of publication of such Notice.

13. Investigation.

The Commissioner of Title Settlement shall cause an investigation to be conducted in order to determine the genuineness or otherwise of claims made in response to a Notice under section 12.

14. Order of Declaration.

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

(a) where the Commissioner of Title Settlement 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 Ownership;

(b) 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 bonafide 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 of a period of uninterrupted and unchallenged possession of ten years from the date of registration in such capacity, to have such Second Class Title converted to a registration with First Class Title of Absolute Ownership;

(c) where the Commissioner of Title Settlement is of the view that the claimant has established a claim to a part of the land parcel claimed he shall declare the claimant eligible to be registered with a First Class Title of Absolute 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 for registration as co-owners of such parcel with a title of co-ownership to the extent of the individual claimant's co-ownership.

15. Appointment of manager powers and duties.

(1) On registration of a title of co-ownership under paragraph (d) of section 14, the Commissioner of Title Settlement may appoint one among the co-owners as Manager 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.

(3) The duties of the Manager shall 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 among the 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.

16. Rights of co-owners.

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

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

17. Beneficiaries may request appointment of new Manager.

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

(a) mis-management or malafides on the part of the Manager, or

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

18. Power of Commissioner of Title settlement to appoint new Manager.

The Commissioner of Title Settlement shall appoint a new Manager from among such co-owners to manage the said land parcel with the consent of the majority of the co-owners—

(a) on being satisfied that the Manager is guilty of mismanagement or malafides;

(b) on being satisfied that the land parcel is not being put to optimum use;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015