Sri Lanka Consolidated Acts

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Agrarian Services Act (No. 58 of 1979) - Sect 7

Nominations of successor to tenant cultivator's rights

7.
(1) A tenant cultivator of any extent of paddy land, other than a tenant cultivator who cultivates such extent either jointly or in rotation with any other tenant cultivator, may nominate a member of his family as a successor who shall be entitled to succeed to such tenant cultivator's rights under this Act in respect of such extent upon the death of such tenant cultivator.
(2) Any nomination of a successor may at any time be cancelled by the tenant cultivator who made such nomination and a fresh nomination of a successor may be made by such tenant cultivator.
(3) The nomination of a successor and the cancellation of any such nomination shall be effected by a tenant cultivator in a document substantially in the prescribed form executed and witnessed in duplicate before a Government Agent, a Divisional Assistant Government Agent, a Registrar of Lands, a Notary or a Justice of the Peace.
(4) No stamp duty shall be charged or levied on the execution of a document specified in subsection (3).
(5) A document specified in subsection (3) shall not be deemed to be an instrument affecting land for the purpose of the Registration of Documents Ordinance, nor shall the provisions of Chapter II of that Ordinance apply to any per son before whom any such document is executed.
(6) A document specified in subsection (3) shall not be valid unless and until it has been registered by the Registrar of Lands of the district in which the land to which that document refers is situated.
(7) After the registration of a document specified in sub section (3) whereby a person is nominated as successor to a tenant cultivator's rights under this Act in respect of any extent of paddy land, a document specified in that subsection whereby any other person is nominated as successor to such rights shall not be registered unless the nomination effected by the registered document has been duly cancelled by the registration of a document of cancellation. In one and the same document a registered nomination may be cancel- led and some other nomination in lieu thereof may be made, and, in that event, the document in which such cancellation and nomination are combined may be registered and shall upon due registration operate both as a cancellation of the previously registered nomination and as a nomination of a new nominee.
(8) Regulations may be made prescribing the procedure :for the registration of a document specified in subsection (3) including the registers which shall be kept and the lees which shall be charged for such registration.
(9) Any person shall, on payment of the prescribed fee, be entitled to inspect at the office of the Registrar of Lands any register kept by such Registrar for the purposes of sub- section (6).


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