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How Do I Recover My Late Father's Property? - Properties (3) - Nairaland

Nairaland ForumNairaland GeneralPropertiesHow Do I Recover My Late Father's Property? (18433 Views)

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Re: How Do I Recover My Late Father's Property? by All4good: 2:50pm On Dec 19, 2020
BigND:
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.

However Statute of limitations do not apply to most crimes and so it is not too late to do so.
Apt
Just what I added to @TheGracefulness advice.
I wonder why people say it's too late for one to seek redress.
Thanks for elucidating on the statute of limitations.
Re: How Do I Recover My Late Father's Property? by AfrilawLLM: 3:06pm On Dec 19, 2020
A look at the response of *Thegracefulness* is nothing to write home about and I doubt if he is a lawyer as claimed.

Though, the writer did not state the location or State where the property is located to enable me know the exact advice to give.

For any family member to deal with property belonging to a dead person or relation particularly in the Southwest, you must obtained Letters of Administration from the High Court where the land is located. You will need a genuine lawyer to do this.

The fact that your father's sister took the document does not matter since there is no Deed of transfer/conveyance/Assignment executed by your father in her favour.

Also, you may not be too sure that your father has a title document over the land. The location of the property matters to enable me advice properly. But get a good property lawyer.
Re: How Do I Recover My Late Father's Property? by Toluwa007(m): 3:15pm 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.
For the survey aspect I’m here for you, let see what can be done. 08081990166
Re: How Do I Recover My Late Father's Property? by Thegracefulness: 3:21pm On Dec 19, 2020
AfrilawLLM:
A look at the response of *Thegracefulness* is nothing to write home about and I doubt if he is a lawyer as claimed.

Though, the writer did not state the location or State where the property is located to enable me know the exact advice to give.

For any family member to deal with property belonging to a dead person or relation particularly in the Southwest, you must obtained Letters of Administration from the High Court where the land is located. You will need a genuine lawyer to do this.

The fact that your father's sister took the document does not matter since there is no Deed of transfer/conveyance/Assignment executed by your father in her favour.

Also, you may not be too sure that your father has a title document over the land. The location of the property matters to enable me advice properly. But get a good property lawyer.
I appreciate your opinion AfriLawLLM, although you could input it without debasing me.

You talked about the issue of absence of Location, did you not see that my advice inherently covers every jurisdiction, since the complainant only has to go about registeration of said property? which is the same procedure everywhere.

Also, do you not see that it’s because I realize the Aunty’s possession of title documents is trifle, that is why I omitted focusing on it?

What if the complainant’s father does not infact have any title documents on the property?

Shouldn’t registration be pursued after acquiring the Letter of Administration?

There is intentional omittance of certain duties of the Attorney, which is why I insisted the complainant contacted me, do you expect i’d ordinarily convey professional assistance in my full capacity without any legal briefs?

Again like I said, I appreciate your opinion, but you should know that in public, you mustn’t always debase people to be heard. I hope you take care.
Re: How Do I Recover My Late Father's Property? by Millimann: 3:26pm On Dec 19, 2020
MummyD2020:
Very intelligent and apt. But u dey vex?
No please, I no dey vex.

The message might not be properly passed without the second sentence.
Re: How Do I Recover My Late Father's Property? by tommy589(m): 3:39pm 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.
Good

Your state please
Re: How Do I Recover My Late Father's Property? by bragamycin: 3:45pm On Dec 19, 2020
If for sixteen years she didn’t bother to disturb u, no need to fight her. Just codely do a new paper
Re: How Do I Recover My Late Father's Property? by Drizzy5001(m): 3:59pm On Dec 19, 2020
Arrange boys wey go help you collect those documents... grin
Re: How Do I Recover My Late Father's Property? by Nobody: 4:43pm On Dec 19, 2020
Thegracefulness:
My advice to you is stemming from 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.
Talking about registration, what about a house in the village that was built without registration. Is there any cause for concern? If yes, can it still be registered?
Re: How Do I Recover My Late Father's Property? by egojeny1(f): 5:46pm 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
I think you made sense here. But why are SOME husband's siblings so wicked? Tufiakwa!
Re: How Do I Recover My Late Father's Property? by Thegracefulness: 6:02pm On Dec 19, 2020
CollzSam:
Talking about registration, what about a house in the village that was built without registration. Is there any cause for concern? If yes, can it still be registered?
Urbanization is a reflecting factor when it comes to real estate. I don’t know where your village is, but I suppose before the commencement of any building projects, permission and approval is sort from the Council? Anyway if you didn’t go through any of those processes—since this is a village we’re talking about, I believe there’s no cause for alarm.

However it’s still advisable to possess some form of title documents, if not for the building, at least on the land it is situated on.
Re: How Do I Recover My Late Father's Property? by Thegracefulness: 6:02pm On Dec 19, 2020
tommy589:
Good

Your state please
Good day, Tommy589. I’m writing from Port Harcourt.
Re: How Do I Recover My Late Father's Property? by Oracleforce: 10:25pm On Dec 19, 2020
This is rampant in the Yeast....I guess Op.is.from the Yeast...where the land matter is a do or die....
In the southwest region, we don't have such a complicated situation
Re: How Do I Recover My Late Father's Property? by frozen70(f): 11:04pm 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.
Where is your mum in this picture

How friendly are you with your father sister

Who and who have you reported this issue with

Are your siblings with you in thus issue or you are fighting alone
Re: How Do I Recover My Late Father's Property? by Remix10(m): 11:31pm On Dec 19, 2020
UndauntedYOCA:
Your advice ishuh Or he's got to pay you for it?
What is all this?
Re: How Do I Recover My Late Father's Property? by UndauntedYOCA(f): 11:42pm On Dec 19, 2020
Remix10:
What is all this?
What do you understand it to be?
Re: How Do I Recover My Late Father's Property? by waliezi(m): 11:43pm On Dec 19, 2020
EyezofGod120:
Kidnap that sister and collect your paper works,,those sisters and uncles are useless,
�����
Re: How Do I Recover My Late Father's Property? by waliezi(m): 11:44pm On Dec 19, 2020
EyezofGod120:
Kidnap that sister and collect your paper works,,those sisters and uncles are useless,
����� shooooooo
Re: How Do I Recover My Late Father's Property? by Digmygold: 6:23am On Dec 20, 2020
Go the Lands Registry first to ensure its free from.encumberance. From.there you'll be guided on the next step
Re: How Do I Recover My Late Father's Property? by ibinaboonline: 7:45am On Dec 20, 2020
This is just fantastic. Thank you for sharing.
Thegracefulness:
My advice to you is stemming from 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.
1 2 3 Reply

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