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How Do I Recover My Late Father's Property? - Properties (2) - Nairaland

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I Urgently Need The Help Of Nigerians Over My Father's Property / How Do I Recover My Monies From This Tenant / How My Step Brother Willed All Our Father’s Property To Himself (2) (3) (4)

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Re: How Do I Recover My Late Father's Property? by King2019(m): 1:29pm On Dec 19, 2020
Nairalandian:

You no even wait make you mourn finish, you don clear documents grin
You must be an Igbo man

Chai
Re: How Do I Recover My Late Father's Property? by cletz991(m): 1:32pm On Dec 19, 2020
I tell you bro .this is Nigeria
hismond:


Smart move. Many of those showing fake love at that point probably have an ulterior motive
Re: How Do I Recover My Late Father's Property? by RichDaniels: 1:35pm On Dec 19, 2020
The steps to getting the documents to your father's property are as follows:

1. Visit the land Registry of the state where the property is located
2. Search for the property at the registry. (The search would show your father is the registered owner of the property.)
3. Apply for a Certified Copy of the land documents in the custody of the Land Registry. (When dealing with land transactions, the land registry keeps copies of the documents to the land in their custody.)

However, there is a catch- you should get an Assent (If your dad left the property to you in a Will) or a letter of administration (If your dad did not leave a Will) before the land registry can give you any copy of the documents. I suggest you get a detailed property lawyer to advise you further on getting a letter of administration or probate if you don't have any; if you are in Lagos, I can recommend one for you. Also, do not bother yourself with your aunt taking the documents, they are nothing to her when the property is registered to your dad's name and you acquire a letter of administration or an assent. Thank you.

Sincerely,
Daniels
Barrister and Solicitor.

6 Likes 1 Share

Re: How Do I Recover My Late Father's Property? by chrisxxx(m): 1:35pm On Dec 19, 2020
litigator:


How are you?

How good is the relationship between you and the said aunty?

What steps did you mother take to recover the said document?

Is anyone presently trespassing or disturbing your peaceful and quiet enjoyment?

Do you have money to do land matter?

It could be damn expensive. Especially in this instance that you do not have access to the title document.

The reason I asked is because I don't want you to end up disturbing a sleeping viper or looking for what is not looking for you.

Before you take any advice, sit and count the cost.

My simple advice
Another candid advice.

4 Likes

Re: How Do I Recover My Late Father's Property? by Nobody: 1:38pm On Dec 19, 2020
Thegracefulness:
My advice to you is stemming from several years of experience, and also from professional intellect. I’m an attorney.

Being legitimate owners of the property, you can have a verifiable “next of kin” move to the land registry or Local Government Council office in your district, and begin paperwork for registrable documents. First of all, implore the service of a Land Surveyor to determine the extent of the property, and then file a claim for the ownership of that property. That property MUST BE REGISTERED! Take a quick step to do it now, because, according to the Registeration Act which came into force in 1986; Instruments of gifts and immovable property must be registered.

First you must show your family has possessed the land to the exclusion of any other party, without objection or consent. That you have also shown intention to possess the land (i.e. you people have fenced it in some way), and have carried out maintenance such as cutting the grasses and major renovations that could have caused your aunty to claim the property upon noticing.

Citing that you have not ever paid any rent to your aunty for the land is also a major shield.

Note that It is very important that you have met the above criteria openly, continuously and for at least the last 12 years, since you’re saying your father died over sixteen years ago, i’m guessing you must have been occupying the property within that period. That goes in your right.

If your family believes you have met the criteria, then the next step is for you people to contact a solicitor. The solicitor will ask you people to provide the Land plan that the surveyor gave to you, including photos of the boundaries, fencing and any documentation showing you have purchased and maintained the fencing and gates.

The solicitor will then prepare a “Statement of Truth” or “Statutory Declaration” that you must swear in the presence of a solicitor. This document will contain information evidencing your claim to ownership.

Once this has been finalised and sworn, your solicitor will use that document to make their application to the Land Registry. Usually, the Land Registry will then send a surveyor to inspect the land. The Land Registry will consider the application and then revert to your solicitor if they have any queries or further requirements.

Let me advice you to note that Notices will usually be sent to the owners of neighbouring land or anyone else the Land Registry may believe have rights over that land you people are claiming (i.e. a right of way) informing them of your claim over it. The owners will be invited to object if they feel they have just cause and they will be given an expiration date for their objection to be lodged.

If nobody comes forward with a contradictory claim, and if the application is successful, the Land Registry will award you people with a “Possessory” title (more information on this below) and provide you with official title entries documenting your ownership.

To be honest, you don’t really have much issues to worry about. As any new documents you register after proving these, would foreshadow whatever claims she has, that arises later on.

You can contact me if you need intensive opinion on this. Just trying to limit space. I wish you good-luck.
Correct man
You sabi work, but why are you giving free service na

1 Like 1 Share

Re: How Do I Recover My Late Father's Property? by cozy7(m): 1:41pm On Dec 19, 2020
Thegracefulness:
My advice to you is stemming from several years of experience, and also from professional intellect. I’m an attorney.

Being legitimate owners of the property, you can have a verifiable “Next of Kin” move to the Land Registry or Local Government Council office in your district, and begin paperwork for registrable documents. First of all, implore the service of a Land Surveyor to determine the extent of the property, and then file a claim for the ownership of that property. That property MUST BE REGISTERED! Take a quick step to do it now, because, according to the Registeration Act which came into force in 1986; Instruments of gifts and immovable property must be registered.

First you must show your family has possessed the land to the exclusion of any other party, without objection or consent. That you have also shown intention to possess the land (i.e. you people have fenced it in some way), and have carried out maintenance such as cutting the grasses and major renovations that could have caused your aunty to claim the property upon noticing.

Citing that you have not ever paid any rent to your aunty for the land is also a major shield.

Note that It is very important that you have met the above criteria openly, continuously and for at least the last 12 years, since you’re saying your father died over sixteen years ago, i’m guessing you must have been occupying the property within that period. That goes in your right.

If your family believes you have met the criteria, then the next step is for you people to contact a solicitor. The solicitor will ask you people to provide the Land plan that the surveyor gave to you, including photos of the boundaries, fencing and any documentation showing you have purchased and maintained the fencing and gates.

The solicitor will then prepare a “Statement of Truth” or “Statutory Declaration” that you must swear in the presence of a solicitor. This document will contain information evidencing your claim to ownership.

Once this has been finalised and sworn, your solicitor will use that document to make their application to the Land Registry. Usually, the Land Registry will then send a surveyor to inspect the land. The Land Registry will consider the application and then revert to your solicitor if they have any queries or further requirements.

Let me advice you to note that Notices will usually be sent to the owners of neighbouring land or anyone else the Land Registry may believe have rights over that land you people are claiming (i.e. a right of way) informing them of your claim over it. The owners will be invited to object if they feel they have just cause and they will be given an expiration date for their objection to be lodged.

If nobody comes forward with a contradictory claim, and if the application is successful, the Land Registry will award you people with a “Possessory” title and provide you with official title entries documenting your ownership.

To be honest, you don’t really have much issues to worry about. As any new documents you register after proving these, would foreshadow whatever claims she has, that arises later on.

You can contact me if you need intensive opinion on this. Just trying to limit space. I wish you good-luck.
This is really enlightening. God bless u sir.

4 Likes

Re: How Do I Recover My Late Father's Property? by Thegracefulness: 1:42pm On Dec 19, 2020
Nairalandian:

Correct man
You sabi work, but why are you giving free service na

It’s always good to help, Chief. Especially if it would cost you nothing, and if it’s to people who can’t afford it. You never know.

7 Likes

Re: How Do I Recover My Late Father's Property? by CyborgZZZ: 1:45pm On Dec 19, 2020
Thegracefulness:
My advice to you is stemming from several years of experience, and also from professional intellect. I’m an attorney.

Being legitimate owners of the property, you can have a verifiable “Next of Kin” move to the Land Registry or Local Government Council office in your district, and begin paperwork for registrable documents. First of all, implore the service of a Land Surveyor to determine the extent of the property, and then file a claim for the ownership of that property. That property MUST BE REGISTERED! Take a quick step to do it now, because, according to the Registeration Act which came into force in 1986; Instruments of gifts and immovable property must be registered.

First you must show your family has possessed the land to the exclusion of any other party, without objection or consent. That you have also shown intention to possess the land (i.e. you people have fenced it in some way), and have carried out maintenance such as cutting the grasses and major renovations that could have caused your aunty to claim the property upon noticing.

Citing that you have not ever paid any rent to your aunty for the land is also a major shield.

Note that It is very important that you have met the above criteria openly, continuously and for at least the last 12 years, since you’re saying your father died over sixteen years ago, i’m guessing you must have been occupying the property within that period. That goes in your right.

If your family believes you have met the criteria, then the next step is for you people to contact a solicitor. The solicitor will ask you people to provide the Land plan that the surveyor gave to you, including photos of the boundaries, fencing and any documentation showing you have purchased and maintained the fencing and gates.

The solicitor will then prepare a “Statement of Truth” or “Statutory Declaration” that you must swear in the presence of a solicitor. This document will contain information evidencing your claim to ownership.

Once this has been finalised and sworn, your solicitor will use that document to make their application to the Land Registry. Usually, the Land Registry will then send a surveyor to inspect the land. The Land Registry will consider the application and then revert to your solicitor if they have any queries or further requirements.

Let me advice you to note that Notices will usually be sent to the owners of neighbouring land or anyone else the Land Registry may believe have rights over that land you people are claiming (i.e. a right of way) informing them of your claim over it. The owners will be invited to object if they feel they have just cause and they will be given an expiration date for their objection to be lodged.

If nobody comes forward with a contradictory claim, and if the application is successful, the Land Registry will award you people with a “Possessory” title and provide you with official title entries documenting your ownership.

To be honest, you don’t really have much issues to worry about. As any new documents you register after proving these, would foreshadow whatever claims she has, that arises later on.

You can contact me if you need intensive opinion on this. Just trying to limit space. I wish you good-luck.
God bless u sir,this is so helpful...how can I contact u sir,tried sending u a mail already.

4 Likes

Re: How Do I Recover My Late Father's Property? by BigND(m): 1:45pm On Dec 19, 2020
CyborgZZZ:
Good morning guys, my dad died over 16 years ago. He left behind two plots of land and sitting on it is a 4 bedroom flat which we are currently residing in and an uncompleted 2 flats (6rooms)...

The main issue now is that we can't seem to find any documents pertaining to the land, since when his sister came to clear all the paperworks and documents in his bedroom a week after his death.

So please guys, I need your advice on how to obtain the necessary documents to claim ownership of the house.

You don’t really have a problem in my opinion.

First there is no issue of help to “recover” your property which is not lost in the first place. You have been in undisturbed peaceable possession for 16 years now. Also there is no question of help to claim ownership of your property; from your post, there is no adverse claimant against you for now. Documents are just prima facie evidence of ownership, and not ownership itself.

This situation is like when you lose title documents to fire, theft, etc. What you need to do is to do an affidavit stating the facts, then meet a Lawyer resident in the State where the land is located to help you through the process of getting replacement documents.

If you are sure your father’s sister took away the documents, then that is theft and you ought to have long ago reported the matter to the Police and get them to recover the documents from her. There is absolutely no basis on which your father’s sister can dispute your father’s property with you (whether under customary law, statutory law, common law or equity). However Statute of limitations do not apply to most crimes and so it is not too late to do so.

1 Like 1 Share

Re: How Do I Recover My Late Father's Property? by Nobody: 1:46pm On Dec 19, 2020
Thegracefulness:


It’s always good to help, Chief. Especially if it would cost you nothing, and if it’s to people who can’t afford it. You never know.
Thumbs up

1 Like

Re: How Do I Recover My Late Father's Property? by CyborgZZZ: 1:46pm On Dec 19, 2020
Lastmankc:
Him no write will?
sadly he didn't..
Re: How Do I Recover My Late Father's Property? by CyborgZZZ: 1:47pm On Dec 19, 2020
EyezofGod120:
Kidnap that sister and collect your paper works,,those sisters and uncles are useless,
lol.. Seriously they are absolutely useless!!!
Re: How Do I Recover My Late Father's Property? by CyborgZZZ: 1:48pm On Dec 19, 2020
Nairalandian:
The same way your Aunty cleared the documents from your father's room
Go and clear it from your Aunty's room, unless it has been destroyed
she's dead now too,but her siblings are very much alive
Re: How Do I Recover My Late Father's Property? by CyborgZZZ: 1:51pm On Dec 19, 2020
cletz991:
Una too slow .the dad I lost my father the next morning me and my brother cleared all documents of all properties before family come.

Last last una loose guard
lol..I was quite young then now..and mum wasn't really emotionally stable then, she just lost her husband...she no even think go that side sef!
Re: How Do I Recover My Late Father's Property? by georgesegun87: 1:52pm On Dec 19, 2020
Message me on WhatsApp 08138211644




CyborgZZZ:
Good morning guys, my dad died over 16 years ago. He left behind two plots of land and sitting on it is a 4 bedroom flat which we are currently residing in and an uncompleted 2 flats (6rooms)...

The main issue now is that we can't seem to find any documents pertaining to the land, since when his sister came to clear all the paperworks and documents in his bedroom a week after his death.

So please guys, I need your advice on how to obtain the necessary documents to claim ownership of the house.
Re: How Do I Recover My Late Father's Property? by thatigboman: 1:52pm On Dec 19, 2020
Millimann:


Alausa handles only Lagos issues. Nigeria doesn't start and end in Lagos.
i tire o
Re: How Do I Recover My Late Father's Property? by CyborgZZZ: 1:53pm On Dec 19, 2020
chrisxxx:
From your explanation you have been staying there since the past 16 years, has your auntie made any covetous attempt on the property?
Do you have any misunderstanding with her?
If the answers to the above is in negative, there might be no need to panic.
Do not show your fear because dogs have an inherent tendency of chasing fleeing targets. This is also true of people. Anyone you are afraid of is also secretly afraid of you.
Approach your auntie respectfully for those papers. You may tell her you needed it for a back up for a loan or visa application.
See her response as that will determine your next step.
I will advise you record electronically her response.
Thanks. I am not a lawyer though
God bless u...tho she's dead now,but I'm thinking of approaching her siblings before taking other steps
Re: How Do I Recover My Late Father's Property? by Jaqenhghar: 1:54pm On Dec 19, 2020
Niggeria and land wahala. Even when you have your complete papers something will always come up. There is always something that will threaten to nullify your ownership
Re: How Do I Recover My Late Father's Property? by CyborgZZZ: 1:55pm On Dec 19, 2020
BigND:


You don’t really have a problem in my opinion.

First there is no issue of help to “recover” your property which is not lost in the first place. You have been in undisturbed peaceable possession for 16 years now. Also there is no question of help to claim ownership of your property; from your post, there is no adverse claimant against you for now. Documents are just prima facie evidence of ownership, and not ownership itself.

This situation is like when you lose title documents to fire, theft, etc. What you need to do is to do an affidavit stating the facts, then meet a Lawyer resident in the State where the land is located to help you through the process of getting replacement documents.

If you are sure your father’s sister took away the documents, then that is theft and you ought to have long ago reported the matter to the Police and get them to recover the documents from her. There is absolutely no basis on which your father’s sister can dispute your father’s property with you (whether under customary law, statutory law, common law or equity). However Statute of limitations do not apply to most crimes and so it is not too late to do so.
noted...Thank u so much,God bless u!
Re: How Do I Recover My Late Father's Property? by inegbedion30210: 1:56pm On Dec 19, 2020
:It’s always good to help, Chief. Especially if it would cost you nothing, and if it’s to people who can’t afford it. You never know.Thumbs up
Re: How Do I Recover My Late Father's Property? by millionboi2: 1:59pm On Dec 19, 2020
EyezofGod120:
Kidnap that sister and collect your paper works,,those sisters and uncles are useless,
not all please

And remember u will bcome one tomorrow


Godforbid I will drag anything with any of my sis or bro child

Godforbid

2 Likes

Re: How Do I Recover My Late Father's Property? by Tjah: 2:01pm On Dec 19, 2020
CyborgZZZ:
Good morning guys, my dad died over 16 years ago. He left behind two plots of land and sitting on it is a 4 bedroom flat which we are currently residing in and an uncompleted 2 flats (6rooms)...

The main issue now is that we can't seem to find any documents pertaining to the land, since when his sister came to clear all the paperworks and documents in his bedroom a week after his death.

So please guys, I need your advice on how to obtain the necessary documents to claim ownership of the house.
How sure are you, the land and house belongs to ur Father??
I know exactly ybim asking oh
Re: How Do I Recover My Late Father's Property? by CyborgZZZ: 2:06pm On Dec 19, 2020
Tjah:

How sure are you, the land and house belongs to ur Father??
I know exactly ybim asking oh
Lol..100% sure boss
Re: How Do I Recover My Late Father's Property? by low2high: 2:14pm On Dec 19, 2020
NAWA OH ! Property wahala for Africa !
Re: How Do I Recover My Late Father's Property? by nedekid: 2:24pm On Dec 19, 2020
Thegracefulness:
My advice to you is stemming from several years of experience, and also from professional intellect. I’m an Attorney.

Being legitimate owners of the property, you can have a verifiable “Next of Kin” move to the Land Registry or Local Government Council office in your district, and begin paperwork for registrable documents. First of all, implore the service of a Land Surveyor to determine the extent of the property, and then file a claim for the ownership of that property. That property MUST BE REGISTERED! Take a quick step to do it now, because, according to the Registeration Act which came into force in 1986; Instruments of gifts and immovable property must be registered.

First you must show your family has possessed the land to the exclusion of any other party, without objection or consent. That you have also shown intention to possess the land (i.e. you people have fenced it in some way), and have carried out maintenance such as cutting the grasses and major renovations that could have caused your aunty to claim the property upon noticing.

Citing that you have not ever paid any rent to your aunty for the land is also a major shield.

Note that It is very important that you have met the above criteria openly, continuously and for at least the last 12 years—since you’re saying your father died over sixteen years ago, i’m guessing you must have been occupying the property within that period. That goes in your right.

If your family believes you have met the criteria, then the next step is for you people to contact a solicitor. The solicitor will ask you people to provide the Land plan that the surveyor gave to you, including photos of the boundaries, fencing and any documentation showing you have purchased and maintained the fencing and gates.

The solicitor will then prepare a “Statement of Truth” or “Statutory Declaration” that you must swear in the presence of a solicitor. This document will contain information evidencing your claim to ownership.

Once this has been finalised and sworn, your solicitor will use that document to make their application to the Land Registry. Usually, the Land Registry will then send a surveyor to inspect the land. The Land Registry will consider the application and then revert to your solicitor if they have any queries or further requirements.

Let me advice you to note that Notices will usually be sent to the owners of neighbouring land or anyone else the Land Registry may believe have rights over that land you people are claiming (i.e. a right of way) informing them of your claim over it. The owners will be invited to object if they feel they have just cause and they will be given an expiration date for their objection to be lodged.

If nobody comes forward with a contradictory claim, and if the application is successful, the Land Registry will award you people with a “Possessory” title and provide you with official title entries documenting your ownership.

To be honest, you don’t really have much issues to worry about. As any new documents you register after proving these, would foreshadow whatever claims she has, that arises later on.

You can contact me if you need intensive opinion on this. My number is on a thread I created. Just trying to limit space here. I wish you good-luck.
Thanks. Very educative.

2 Likes

Re: How Do I Recover My Late Father's Property? by leisuretym: 2:27pm On Dec 19, 2020
Rubbish
Re: How Do I Recover My Late Father's Property? by leisuretym: 2:27pm On Dec 19, 2020
Ok
Re: How Do I Recover My Late Father's Property? by Obasanjoslim: 2:27pm On Dec 19, 2020
CyborgZZZ:
Good morning guys, my dad died over 16 years ago. He left behind two plots of land and sitting on it is a 4 bedroom flat which we are currently residing in and an uncompleted 2 flats (6rooms)...

The main issue now is that we can't seem to find any documents pertaining to the land, since when his sister came to clear all the paperworks and documents in his bedroom a week after his death.

So please guys, I need your advice on how to obtain the necessary documents to claim ownership of the house.
guy if I were you I will not struggle with them..thank God you know the kind of wicked society you find yourself.. staying in good health is better that half human being...don't allow them use fetish power on you
Re: How Do I Recover My Late Father's Property? by All4good: 2:28pm On Dec 19, 2020
Thegracefulness:
My advice to you is stemming from several years of experience, and also from professional intellect. I’m an Attorney.

Let me advice you to note that Notices will usually be sent to the owners of neighbouring land or anyone else the Land Registry may believe have rights over that land you people are claiming (i.e. a right of way) informing them of your claim over it. The owners will be invited to object if they feel they have just cause and they will be given an expiration date for their objection to be lodged.

If nobody comes forward with a contradictory claim, and if the application is successful, the Land Registry will award you people with a “Possessory” title and provide you with official title entries documenting your ownership.

.

Very detailed.
But is it not necessary that @Cyborgzzz does a newspaper publication of "Missing Documents"
Re: How Do I Recover My Late Father's Property? by MummyD2020(f): 2:34pm On Dec 19, 2020
Millimann:


Alausa handles only Lagos issues. Nigeria doesn't start and end in Lagos.

Very intelligent and apt. But u dey vex?
Re: How Do I Recover My Late Father's Property? by Nobody: 2:37pm On Dec 19, 2020
Why on Earth people dey go after their siblings property? While many others dey chose to add properties and take care of the family of their late brothers
Re: How Do I Recover My Late Father's Property? by lexy2014: 2:42pm On Dec 19, 2020
UndauntedYOCA:

Your advice is Or he's got to pay you for it?

Advice is free. Carrying out d advice isn't free

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