THESAWALAMAI PRE-EMPTION ordinance

Arrangement of Sections

1. Short title.

2. Restrictions on the right of Pre-Emption.

3. Mode of exercising right of Pre-Emption.

4. Cases in which the right is permitted.

5. Mode of publication of notice.

6. Time-limit for exercising the right by private treaty.

7. Proceedings for enforcing the right within the time-limit.

8. Remedy after the completion of the proposed sale.

9. Time-limit to act for enforcing right.

10. Registration of lis pendens to be compulsory.

11. Deposit of purchase money as proof of plaintiff's bona fides.

12. The minimum price payable by the plaintiff.

13. Equality of rights of all persons entitled to pre-empt, and auction in case of competition among them.

14. Repeal.

59 of 1947.

AN ORDINANCE to amend and consolidate the law of Pre-Emption relating to Lands affected by the "Thesawalamai”.

[Date of Commencement: 1st July, 1948]

1. Short title.

This Ordinance may be cited as the Thesawalamai
Pre-Emption Ordinance.

2. Restrictions on the right of Pre-Emption.

(1) When any immovable property subject to the Thesawalamai is to be sold, the right of Pre-Emption over such property, that is to say, the right in preference to all other persons whomsoever to buy the property for the price proposed or at the market value, shall be restricted to the following persons or classes of persons—

(a) the persons who are co-owners with the intending vendor of the property which is to be sold; and

(b) the persons who in the event of the intestacy of the intending vendor will be his heirs.

(2) For the purposes of this Ordinance, the term "heirs” means all descendants, ascendants and collaterals up to the third degree of succession, and includes—

(a) children, grandchildren and great-grandchildren;

(b) parents, grandparents on both the paternal and the maternal sides and great-grandparents on all sides;

(c) brothers and sisters whether of the full or of the half-blood;

(d) uncles and aunts, and nephews and nieces, both on the paternal and the maternal sides, and whether of the full or of the half-blood.

3. Mode of exercising right of Pre-Emption.

The right of Pre-Emption shall not be exercised save in accordance with the provisions of this Ordinance.

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