WHERE A LAND OWNER IS DEAD, ASK FOR DOCUMENT TRANSFERRING OWNERSHIP TO THE SELLER
Where the owner of the land or house you want to buy is late, always insist on a document that transfers ownership to the seller.
The legal documents that confer on, or transfer ownership of land or building of a dead person to, a living person are letters of administration from the Probate Registry; Deed of Vesting Assent (sharing by the court); Deed of Gift or orders of court in a judgment.
The ownership document in the name of a dead person is not a proper document to be relied on by a buyer wanting to buy land or house.
The transfer of ownership to a buyer must arise from a valid document of ownership, even when the person seeking to sell is the wife, son, daughter, sibling or other close relative of the late owner.
Relying on the late owner’s ownership document is legally wrong. It is an error; avoid it.
Note that the person seeking to sell can only sign in his own name and not in the name of the dead owner, as that would leave an unwanted irregularity in the purchase i.e. the difference in the name of the late owner and that of the seller.
If you do not buy from the real owner who has verifiable proof of ownership, then you have bought nothing.
You cannot place something on nothing and expect it to stay there; it will fall. Nobody can validly sell as his own that which is not his.
Be guided.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria