Frequently Asked Questions
Authoritative guidance on Sri Lankan property law, notarial deed registration, partition court litigation, corporate incorporation, and overseas powers of attorney.
To register a property deed in Matara, a meticulous title search spanning at least 30 years must first be conducted at the Matara Land Registry to verify unencumbered ownership and detect prior mortgages, caveats, or lis pendens.
Following execution before a licensed Notary Public and two attesting witnesses, the original deed, stamp duty assessment, duplicate copies, and Land Registry applications are submitted to the Matara Land Registry Office for formal entry into the land folios.
A partition action is instituted under the Partition Law in the relevant District Court (such as Matara) when co-owners of an undivided land cannot achieve an amicable division.
The plaintiff files a plaint establishing the unbroken devolution of title from the original common owner. The court issues summons, orders a preliminary survey by a court-appointed licensed surveyor, adjudicates contesting title claims, enters an interlocutory decree declaring shares, and subsequently decrees a physical partition or a partition sale by public auction.
Company incorporation is governed by the Companies Act No. 7 of 2007 through the Registrar of Companies (eROC). The process begins with online name reservation approval, followed by drafting the Articles of Association and executing statutory Form 1 (Company Registration), Form 18 (Consent and Certificate of Director), and Form 19 (Consent and Certificate of Secretary).
As Registered Company Secretaries, our chambers manages the submission, DRC filings, and issuance of the Certificate of Incorporation.
A non-resident client or expatriate executing a Power of Attorney (POA) outside Sri Lanka must execute the document before a Sri Lankan Consular or Diplomatic Officer, or before a licensed Notary Public followed by consular legalization or apostille certification.
Once received in Sri Lanka, the POA must be submitted to the Registrar General's Department in Colombo for adjudication of stamp duty and registration within statutory time limits before it can be legally utilized for deed attestation or court proceedings.
Civil litigation is initiated by filing a formal plaint accompanied by a proxy appointing an Attorney-at-Law in the District Court of Matara. The plaint outlines the cause of action—such as declaration of title, ejectment of trespassers, recovery of possession, or contractual breach.
The court issues summons to the defendants, who then file their answer. The proceeding progresses through trial, documentary evidence tender, witness examination, and final judgment.
A 30-year title search involves examining the registers and bound volumes at the relevant Land Registry (such as Matara, Galle, or Hambantota). The investigation traces the unbroken pedigree of ownership across all prior transfers, gifts, partitions, and encumbrances (such as mortgages, caveats, or pending partition lis pendens).
A comprehensive Title Report & Legal Opinion is prepared by the attorney to certify marketable title prior to any land purchase or commercial development.
Foreign direct investment is structured through the Board of Investment (BOI) of Sri Lanka under Section 16 or 17 of the BOI Act, or via standard corporate incorporation under the Companies Act.
Where real estate acquisition is involved, foreign investors frequently utilize long-term corporate leases or BOI-approved special purpose vehicles (SPVs) to ensure complete statutory compliance with land tenure laws and exchange control regulations.
Title searches and deed preparation typically take 3 to 7 working days. Once the deed is signed and attested before the Notary Public and two witnesses, statutory stamp duty must be paid and duplicates submitted to the Land Registry.
The Land Registry registration and folio entry verification generally take between 7 to 21 working days depending on registry volume.
Yes. An interlocutory partition decree can be appealed to the Civil Appellate High Court of the Province within statutory leave-to-appeal or notice-of-appeal timeframes.
Grounds of appeal usually focus on misdirection on title pedigree, omitted pedigree links, erroneous share calculations, or jurisdictional errors. Special applications may also be filed in exceptional cases where fraud or lack of summons service is demonstrated.
A Registered Company Secretary is legally mandated under the Companies Act No. 7 of 2007 to maintain the company’s statutory registers (shareholders, directors, charges), record board and annual general meeting (AGM) minutes, file mandatory Annual Returns (Form 15) with the Registrar of Companies, submit change of director/secretary filings (Forms 20/21), and manage Beneficial Ownership declarations.