Citing glaring shortcomings in the title registration system, President of the All Ceylon Hindu Council and attorney-at-law Kandiah Neelakandan has requested the BASL to urge the Ministry of Land and Land Development to halt the issuing of deeds under the Title Act which is not in operation in the Northern region.
According to the new measures, the government has requested the Tamils who had left the country to apply for new deeds. The ministry is supposed to verify the authentication of each application and the respective land will be surveyed before a new deed is issued to the rightful owner.
In a letter sent to the President of the Bar Association of Sri Lanka, Shibly Aziz, Neelakandan says that the Ministry of Land and Land Development cannot seek to give deeds without having legal provisions.
The law applicable to registration of ownership in Sri Lanka is the Registration of Documents Ordinance except in areas in which the Registration of Title Act has been brought into operation and the BASL has requested that numerous deficiencies of the Title Act be amended before being implemented.
He says that the application form has been prepared in a haphazard manner and certain clarifications are needed on conferring the ownership since the ownership cannot be transferred by an illegal transfer. He also says that arrangement in the application form that the authentication of title being decided on observation and certification from the Grama Niladhari is unsatisfactory. Therefore, he has requested the BASL to urge the government to amend the Act rectifying all the deficiencies pointed out by the BASL and implement the act in the Northern region and in the rest of the country in a lawful manner. (PH)
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