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Questions and Answers

Revocation of an irrevocable deed of gift

Question

My mother gifted me a land by an irrevocable deed five years ago. But my mother has cancelled the gift by a declaration without informing me. Those days I was abroad and I was unaware of the situation. However, my mother passed away recently. When I came to Sri Lanka and went to the land my brother was in possession of the land and he interrupted me to enter the land. Further, he showed me the declaration of cancelling the gift. Am I entitled to the ownership of this land? What are the legal remedies available to me against my brother?

Kanthi - Gampaha

Answer

As your mother has passed away and the cancellation of your gift has been done, you have to file an action in the District Court claiming the ownership of the property. However, you could have taken an action when your mother is alive. If the Court decides that the cancellation is valid, then the property has to be divided according to inheritance law.

Victims and Witnesses Protection

Question

I am a Law student. Please let me know the duties and functions of the Victims and Witnesses Protection Authority?

Answer

This Authority was established under the Victims and Witness Protection Act No. 04 of 2015.

Duties and functions of the Authority established under Section 11 of the Act may be summarized as follows:-

To identify, promote, protect and make aware of the rights and entitlements of the victims of crime and witnesses; investigate and monitor the infringement of rights and entitlements of the victims of crime and witnesses and make recommendations to state institutions, public officers and courts of law; guarantee protection of the victims of crime and witnesses; issue guidelines and to supervise.

This Authority is functioning at No: 488, Denzil Kobbekaduwa Mawatha, Battaramulla.

Recruiting a Disable person for a Public Service

Question

I am a disabled person aged 25 years. Please let me know what the provisions applicable in recruiting persons with disabilities to public service/ provincial public service/ state cooperation/ statutory boards are?

Answer

Provisions have been made by Public Administration Circulars No. 27/88 and 01/99 to fill three percent of vacancies by differently-abled persons, who possess qualifications prescribed by the scheme of recruitment/ service minute relevant to the applied post and whose disability is not a hindrance for the performance of duties (When filling the vacancies in such institutions).

Transactions on Title Certificates

Question

Please let me know how to make transactions on Title Certificates?

Daily News Reader

Answer

When the title of a land is registered under the Title Registration Act No. 21 of 1998, the deed existed yet becomes null and void and in of the said deed, a Title Certificate is issued. A special procedure is available for the consequent transactions of lands based on this Title Certificate. Accordingly, every land transaction such as selling, renting, gifting, mortgaging, leasing, issuing caveat, nominating successors, subdivision, amalgamation are done through ‘Instruments.’ This Instrument is a document introduced through the Title Registration Act.

Every transaction has to be indicated in separate Instrument, specified for the purpose, that could be obtained from the Title Registrar’s Offices. As per section 44 of the Act, to register an Instrument, it should be submitted to the Title registrar’s Office of that area within a period of seven days from the date of signing it. The original of the Title Certificate, receipts obtained by paying stamp fees and registration fees respectively from the Local Government Institution and Title Registrar

Effects of a Caveat Notice

Question

I am willing to purchase a land. When I check the land registry I found a Caveat Notice filed by a third party to the said land for two years. Is it a problem for my transaction in the future? Please explain the legal consequences of a Caveat Notice.

Pushpa - Kaduwela

Answer

If a Caveat Notice has been filed by a third party it means that party may have an interest to said land. If you wish to buy the land you better clarify who are the other parties and their interests to the said land. Otherwise it is a risk to purchase a land with Caveat Notices filed by the third party.

If a Caveat Notice is filed by a person he/she will be informed if any deed/ document related to the land described in the schedule of the Caveat is filled in the land registry by any party.

Money Recovery

Question

A person working at my office borrowed Rs. 45,000 from me. He promised that he would settle down the debt within three months. However, now he avoids me and he has left the work place too. I tried to call him, but his phone is not reachable. So I went to his place and his wife said he has gone somewhere and she doesn’t know where he is. What are the legal remedies available to me? Please advise.

Monica - Ratmalana

Answer

You can make a police complaint first against the person who borrowed money from you. If you have evidence to prove the transaction, then it will be helpful. However, as this transaction is below Rs. 500,000 you can make a complaint to the mediation board. If the matter is not settled there, then you can file a civil action in the District Court with the certificate of non-settlement.