₦airaland Forum

Treash:
Basically, a dead man no longer has legal personality; that is, he cannot be sued to court. However, upon his death, he is deemed to have died leaving what is called an 'Estate'. An Estate is simply all the properties he left behind when he dies, and also includes what he owes people before he dies.

The law provides that all his properties will definitely be managed by some people, who maybe in-laws, wife, children, friends and relatives. However, the first set of people the law will consider when distributing the properties are the creditors, that is the people he owes before he dies. The law gives the creditors priority over the other dependants. This means debts can still be recovered from the dead by suing the administrators (dependants), by the following procedures:

1. The exact debt must be certain: The creditors cannot claim anything if he can't prove the exact amount owed to him.

2. Write a demand letter to the personal representatives and families of the deceased. Failure to honor the letter can give the the creditor right to sue the representatives.

Where the deceased does not leave any property or money (estate) that can satisfy those debts, then the creditor cannot enforce any right.

Barr Ayo Adeolu Aderinto.

generationz:
Lagos State.

generationz:
Hello, everyone. Please, I would like to know how one can get a C of O asap for a house al built years back with the only legal documents being the receipt of purchase of the land?

What are the processes involved and how much would it cost?

@Lawyer, I would need your input, sir.

Thanks.

Treash:
I was briefed by a friend, to discuss the trending issues between landlords and tenants especially on caution fees. It's quite expedient to discuss the generality of this fee to be payable by tenants and its essence.

Caution Fee is basically a security deposit which is determined by the landlord and usually held to ensure compliance with the use of the rented property. Therefore in case any damage occurs during the tenure of the tenancy, the cost of repairs will be deducted from the caution fee when the tenancy ends. If no damage is done, the caution fee will be refunded to the tenant in full. Several unscrupulous landlords have however taken undue influences on their tenants by refusing to make a refund of same after demand, even where no damage has been done on the property. It's however advisable that certain precautions should be taken by the prospective tenant before any payment is made to the landlord.

1. Lease Agreement: Prospective tenants are advisable to go through every line and wording of the tenancy agreement prepared by the landlord in that regard. If no tenancy agreement is available, tenants should kindly insist that a tenancy agreement be prepared in order to ascertain and reflect every money they're paying. As a tenant, do not hesitate to involve your personal solicitor to assist in going through the agreement and interpret same before signing. Also get a copy of the signed agreement.

2. Photographic evidence: As a prospective tenants, you are advisable to take a photo shoot of the physical status of the entire property, this will enable both parties to juxtapose the state of the property before entering and when leaving.

3. Property valuation: In some places, some tenants goes a long way to involve an unbias real estate valuer to access the condition of the property. The report of same might be attached to the tenancy agreement for reference purpose when leaving the apartment.

4. Make report of damages: Tenants are advisable to report any damage observed in the apartment, such as leaking roof, and electricity connection error; this will enable the landlord to take note of the damage.

5. Obtain permission to repair: The written consent of your landlord or his representative must be obtained before you carry out any substantial repair on the property.

Tenants are therefore at liberty to make a demand in writing for a refund of the caution fee when leaving or instruct their solicitor to do so. Where the landlord refuses to honor the request, such tenant can sue the landlord for a breach of contract.

Barr Ayo Adeolu Aderinto.

Treash:
It is no longer new that the body which regulates companies transaction (PART A), business names (PART B) and Incorporated Trustees like churches and charity organizations (PART C) is called Corporate Affairs Commission. Registration of these 3 medium encourages public confidence and safety.

It must be noted however, that registration of business names does not grant you some corporate benefits. For example, you can sue a registered company in it's own name but you cannot sue a business name. Once you register your business under part B and any wrong takes places, you will personally be liable, and not your business. A good example is Dangote Group which is registered under PART A. The implication is that you can't sue Dangote personally, but you can sue his company. He may decide to send his representative to represent the companies in court because the company will be responsible and not him, but in business name, you have to be responsible yourself.

The legal implication of this is if the company for instance owes a bank N10 million, it is the company that owes the bank and not the Directors, and the bank cannot then sue the Directors in their personal capacities in order to recover the debt (unless the Director(s) gave personal guarantees for the loan).

Another benefit is perpetual succession. It means, even if all members of the company die, the company will still be existing, and loan can be obtained in the name of the company even though the director has died. But in business names, the business crash the day the partners died.

Another one is in case of future exit. If you have a registered business, upon retirement, it is very likely that the business will retire with you. However, registering a business as a limited company can aid the possibility of selling it in the future. The original shareholder/owner of the company will be able to achieve a completely clean break and get a pay out for the business.

Barr Ayo Adeolu Aderinto, 08068088866.

ScotMisile:
An area that is quite deveped
4 plots together
With C of O
On the Ibeju-lekki axis...Abijo not upto Epe
For industrial purpose
Budget 2m/ plot

Treash:
It's not a doubt that influx of property sellers are increasing, especially in developing part of Nigeria: Lagos, Port-Harcourt, and FCT. The sudden wake of property developers, estate agents and related persons can not also be overemphasized. However, it's quite noteworthy that court registries keep receiving fresh lawsuits between parties to lands as a result of communal clash of land ownership, impersonation of title owners, and fraud. Most of the incidences, however are effect of lack of sufficient due diligence on the part of property buyers.

I was briefed by a Nairalander how his hard earned property in Ogun State worth millions was acquired by a judgement creditor, whereas he never knew there was any pending case in court until the copy of the court order was pasted in the house. The best advice a rational person could give is to appeal to the higher court, but nevertheless, the judgement of that court is still valid until it is set aside on apeal. Property verification is essential in your quest to acquire one. Several land buyers have become homeless as a result of court order, government acquisition status and sale to multiple buyers on fraud.

It is however expedient that after verification is confirmed positive, such a buyer can go ahead to register his property with the appropriate government registry immediately purchase is done; due to the fact that the first in time prevails in equity.

Barr Ayo Adeolu Aderinto, 08068088866

Treash:
Rape is defined as a crime of forcing a woman or girl to have sex, especially using violence and it is one of the oldest crimes in the world.

Section 6 of the Criminal Code defines unlawful carnal knowledge as that which takes place between two or more people otherwise than between husband and wife; and the offence is complete upon penetration. In other words, marital rape is not an offence in Nigeria. A husband cannot rape his wife. It is assumed that the wife gives implied general consent to sexual intercourse with her husband upon entering the marriage contract.

Under Nigerian criminal law, a man may be charged with assault and other violence as the case may be, and depending on the circumstances under which he has sexual intercourse with his wife, but he cannot be charged with raping his wife. It's noteworthy, that one of the reasons for dissolution of marriage is the refusal of either party to consummate the marriage with the other spouse (that is, denying the other party from having sexual intercourse with him/her).

Barr Adeolu Ayo Aderinto

Treash:
A residential building is urgently needed at Magodo Phase 2, with complete Title documents. We don't need terrace building.
Budget: #50M or less. It must be open for inspection both physically and with relevant government land registries.

A filling station is needed at Sango-Ota or Ifo road, furnished or unfurnished, old or new. Budget is #30M or less, please.

Please kindly note the above instructions before you contact us. Thank you.

Barr Adeolu Ayo Aderinto; 08068088866, WhatsApp.

Treash:
Custody of Wills.

It must be noted that, immediately testator executes his Will and duly attested to in the presence of competent witnesses (it is advisable the witnesses to be appointed should be younger in age than the testator), the testator is at liberty to keep his Will in any of the following places.

�With the Probate Registry of the court.
�In custody of the testator's solicitor.
�In a bank.
�He may decide to keep it in his private home, void of intrusion.

It is advised to keep it in the probate registry which is located in every high court premises. Usually, the testator appoints an executor in the Will whose duty is to manage and administer the estate of the deceased until it is validly given to the beneficiary. Executors also generally carry out the wishes of the testator as stated in the Will and hold property in trust for the beneficiaries when necessary (for example, where the beneficiary is a minor).

Where the Will is kept at the registry, the solicitor is to write to the Probate Department, informing them of the death of the deceased and attaching the death certificate as proof. This must be at least 7 days after the occurrence.

Upon confirmation of the existence of the Will, the probate registrar sets a date, time and location with the solicitor and concerned parties to unseal and read the contents of the Will to the parties in Court. The parties present must confirm that the Will was sealed before its contents were read out.

Adeolu Ayo Aderinto.

Treash:
Custody of Wills.

It must be noted that, immediately testator executes his Will and duly attested to in the presence of competent witnesses (it is advisable the witnesses to be appointed should be younger in age than the testator), the testator is at liberty to keep his Will in any of the following places.

�With the Probate Registry of the court.
�In custody of the testator's solicitor.
�In a bank.
�He may decide to keep it in his private home, void of intrusion.

It is advised to keep it in the probate registry which is located in every high court premises. Usually, the testator appoints an executor in the Will whose duty is to manage and administer the estate of the deceased until it is validly given to the beneficiary. Executors also generally carry out the wishes of the testator as stated in the Will and hold property in trust for the beneficiaries when necessary (for example, where the beneficiary is a minor).

Where the Will is kept at the registry, the solicitor is to write to the Probate Department, informing them of the death of the deceased and attaching the death certificate as proof. This must be at least 7 days after the occurrence.

Upon confirmation of the existence of the Will, the probate registrar sets a date, time and location with the solicitor and concerned parties to unseal and read the contents of the Will to the parties in Court. The parties present must confirm that the Will was sealed before its contents were read out.

Adeolu Ayo Aderinto.

Treash:
�Do you have a lawyer?
�Is your lawyer really called to the Nigerian bar?
�Do people fondly call him "The law"?
�Are you real certain he's a qualified lawyer?
�You can click on this link and enter his name...

nigerianbar.org.ng

Barr. Adeolu Ayo Aderinto

Treash:
A woman was referred to me sometimes in 2017 who briefed me on her intention to prepare a Will due to the attitudes of the grown up children. After several discussion, we scheduled a further meeting so I could obtain her instructions and act accordingly after which I was informed she was on sick bed. I visited her at home and discussed the previous issue but she promised to definitely get back to me immediately she recovers; alas she died two weeks after without a Will. She left houses, and businesses in the hands of disputing children; hence my thought on Proverbs 13:22.

A Will is a written statement made by someone (usually called Testator) indicating how his properties should be disposed on his death. The Nigeria law requires that any person who has attained the age of 18 years is capable of making a Will, so far as such person is mentally capable (of sound mind) of making a Will. The blind, deaf, old men and women, crippled, Muslims, and other persons suffering from physical disabilities are within the categories of people who can make a will. Therefore, making a Will is not "death wish". One of the essences of Will is to avoid future disputes after death; it also reduces cost of tax and charges if Will is not made.

Wills can either be oral, privilege, customary or statutory. Customary Will needs not be made in writing, depending on the personal customary practice of the testator. But if it's made in writing, it must conform with the provision of the law, such as:
�the Will must be made in the presence of at least two witnesses, except "Privilege Will". A privilege Will is a Will made by members of the armed forces.
�the witnesses or their spouses must not benefit from the Will, so that the other partner will not know that he/she is a beneficiary; a Will is confidential. The exception is that if the Will is made before the witness got married to his/her partner.

Barr Ayo Adeolu Aderinto.

Treash:
A woman was referred to me sometimes in 2017 who briefed me on her intention to prepare a Will due to the attitudes of the grown up children. After several discussion, we scheduled a further meeting so I could obtain her instructions and act accordingly after which I was informed she was on sick bed. I visited her at home and discussed the previous issue but she promised to definitely get back to me immediately she recovers; alas she died two weeks after without a Will. She left houses, and businesses in the hands of disputing children; hence my thought on Proverbs 13:22.

A Will is a written statement made by someone (usually called Testator) indicating how his properties should be disposed on his death. The Nigeria law requires that any person who has attained the age of 18 years is capable of making a Will, so far as such person is mentally capable (of sound mind) of making a Will. The blind, deaf, old men and women, crippled, Muslims, and other persons suffering from physical disabilities are within the categories of people who can make a will. Therefore, making a Will is not "death wish". One of the essences of Will is to avoid future disputes after death; it also reduces cost of tax and charges if Will is not made.

Wills can either be oral, privilege, customary or statutory. Customary Will needs not be made in writing, depending on the personal customary practice of the testator. But if it's made in writing, it must conform with the provision of the law, such as:
�the Will must be made in the presence of at least two witnesses, except "Privilege Will". A privilege Will is a Will made by members of the armed forces.
�the witnesses or their spouses must not benefit from the Will, so that the other partner will not know that he/she is a beneficiary; a Will is confidential. The exception is that if the Will is made before the witness got married to his/her partner.

Barr Ayo Adeolu Aderinto.

Treash:
Did you know?

That the law makes it compulsory for clinic or hospital to treat any person who sustains gun shot injury, even if such person does not have initial money to deposit. However, such hospital or clinic must report to police within 2 hours of commencing treatment.

See Section 4(2) Robbery and Fire Arms Act.

See also Section 1-3 of Compulsory Treatment and Care for Victims of Gunshot Act 2017.

Barr Ayo Adeolu Aderinto

Treash:
It is a criminal offence to threaten another person either on social media or phone chat. Any person who does that shall be liable for 10 years imprisonment or #25M fine.

Sending of unsolicited nude pictures or annoying messages to another shall be liable to pay #7M or 3 years imprisonment.

Sect. 24 Cybercrime Prevention and Prohibition Act.


Barr Ayo Adeolu Aderinto

toyomars:
Hi, I have an issue with my landlord (non-disclosure) and I want to hire a property lawyer verified by nairalanders who have used a law firm or individual's service before.
I will appreciate if you can drop a contact asap.

Treash:
The law recognizes 3 main venues for marriage in Nigeria.
�Marriage registry.
�A licensed place of worship.
�Any place approved by the Minister of Interior.
See Sect. 13 & 29 of the Matrimonial Causes Act, and Sect. 21 of the Marriage Act.

Therefore, online marriage is not within the cycle of marriage venue as provided for, by the law.

Barr Ayo Adeolu Aderinto.

Treash:
It's imperative to note that there's a difference between "Dismissal" and "Termination of employment". While dismissal relate to the misconducts of the worker which can be done without prior notice, 'termination of employment' relates to the terms of the employment. Where is a business sale, termination is applicable. In the case of termination, such worker is entitled to prior notice or payment in lieu of such notice. Where the new buyer wish to continue with such worker, the consent of such worker must be obtained.

Barr Ayo Adeolu Aderinto

Treash:
In Nigeria, it is an offence for a person having knowledge of the HIV status of another person to disclose it. Except with the consent of such carrier.

PENALTY
-2,000,000
-Imprisonment of not less than one (1) years or both.

See Section 11 & 23 of the HIV AND AIDS (anti-discrimination) Act 2014.

Barr Ayo Adeolu Aderinto

deff2:
I will need your service but in East because I intend to get a plot of land anytime this year. Can you link me up with a good lawyer in enugu?

utepu:
Many thanks De Law. Where do you practice? In case we have a job(brief) for you.