Sri Lanka Consolidated Acts

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Ceiling on Housing Property Law (No. 1 of 1973) - Sect 8

Declaration by owners of houses in excess of the permitted number of houses and Vesting of such houses if no declaration or correct declaration is made

8.
(1) Every individual who is not a member of a family and who owns houses in excess of the permitted number of houses on the date of commencement of this Law shall, within twelve weeks of such date, and every body of persons owning houses in excess of the permitted number of houses on such date shall, within six weeks of the date on which the determination under this Law by the Commissioner, or as the case may be, by the Board of Review, of the maximum number of houses that may be owned by such body was communicated to such body, send by registered post to the Commissioner a declaration- Such individual or body shall simultaneously intimate in writing to the tenant, if any, of each house the ownership of which such individual or body does not propose to retain that the ownership of such house is not proposed to be retained.
(a) specifying the number of houses owned by such individual or body including houses owned in undivided shares;
(b) specifying the houses the ownership of which such individual or body proposes to retain: and
(c) giving such particulars relating to the houses: referred to in paragraph (a) as are set out in the Schedule hereto.
(2) Where houses in excess of the permitted number of houses are owned on the date of commencement of this Law by the members of a family, the male spouse, or where such male spouse is not living or is not capable in law so to do, the female spouse, shall within twelve weeks of such date, send by registered post to the Commissioner a declaration- Such spouse shall simultaneously intimate in writing to the tenant, if any, of each house owned by each member of such family the ownership of which is not proposed to be retained that the ownership of such house is not proposed to be retained.
(a) specifying the number of houses owned by each member of such family including houses owned in undivided shares;
(b) specifying the houses the ownership of which the members of such family propose to retain; and
(c) giving such particulars relating to the houses referred to in paragraph (a) as are set out in the Schedule hereto.
(3) Where the person sending the declaration under subsection (2) is not the owner of any house the owner ship of which is not proposed to be retained, the declaration shall be accompanied by a statement of consent from the owner of such house. Where such owner does not give such consent, the Commissioner shall, after due inquiry, determine the houses the ownership of which shall be retained by the members of the family.
(4) Any person who has, without reasonable cause, ' failed to send the declaration within the period referred to in subsection (1) or subsection (2), as the case may be, or has made any incorrect declaration in regard to the number of houses owned by him or by his family, as the case may be, shall be guilty of an offence under this Law, and any such house owned by such person or by any member of the family of such person as may be "specified by the Commissioner by Notification published in the Gazette shall vest in the Commissioner with effect from such date as may be specified therein.
(5) Any house the ownership of which is not proposed to be retained in terms of any declaration made under this section, and in the case of a determination made by the Commissioner under subsection (3), any house the ownership of which is not retained as a result of such determination, is hereinafter referred to as a " surplus house ".


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