PARTITIONING OF AN INHERITED HOME IN NIGERIA
In cases when one or more joint owners have consistently refused to let the other co-owners enjoy their rights in the property, the joint owners may petition the court to have the property partitioned, or all joint owners may agree to have the property partitioned in unanimity.
PARTITIONING OF AN INHERITED HOME IN NIGERIA
In cases when one or more joint owners have consistently refused to let the other co-owners enjoy their rights in the property, the joint owners may petition the court to have the property partitioned, or all joint owners may agree to have the property partitioned in unanimity. A partition is an act that can be by an order of a court or otherwise by which property is divided into separate portions representing the proportional interest of owners in the property. Partitioning a property is done to get rid of any concurrent interests that joint owners may have, allowing each joint owner to own and use the property separately in this situation. Each divided property receives a new title, and each divided sharer relinquishes his interest in the property in favour of other divided sharers.
In the case of YESUFU V. ADAMA (2002) LPELR-CA/L/400/97, it was decided that what constitutes a legitimate land partition is a fact that must be proven with reliable evidence; all joint owners of family land held by native law and custom must take part in the voluntary partition of the property. Any partition-creating deed that is not signed by all joint owners is null and invalid. Additionally, it was decided that under native law and custom, a partition might be accomplished orally or by deed.
CONTENTS OF DEED OF PARTITION
THE INTRODUCTORY PART:
This part contains the nature of the transaction, the name of parties, the date and the recital. The parties to the deed must be legal persons and their names and addresses must be included. The recital section provides a statement of facts that constitute the background of the current transaction. In the case of Nitel v. Rockonoh properties limited (1995)2NWLR part 378, page 437, it was held that a recital explains the reasons for the transaction. A recital can be introductory or narrative.
THE OPERATIVE PART:
The testatum is the statement commencing the operating part, usually with words like “Now this deed witnesseth”. The Parcel clause gives a description of the property and the harbendum clause defines the extent of ownership to be enjoyed by the owners after the partition. The operative part also contains how the land will be divided among the owners and it also includes the proportion each owner will take.
THE CONCLUDING PART:
This part contains the testimonium, attestation and execution clause. Attestation means the witnessing of the execution of the deed, a testimonium shows all the parties executing the deed. The execution means signing of the deed by parties and witnesses to the partition.
According to the Illiterate Protection Act, the illiterate jurat must be added for those who are illiterate. The document's content must be read and explained to him, and once he looks to have grasped it completely, he will stamp his thumb on it. The person who read it to the illiterate person must also endorse it.
Rule 10 of the Rules of Professional Conduct 2007 provides that “A lawyer acting in his capacity as a legal practitioner shall not sign or file a legal document unless there is affixed on any such document a seal and a stamp approved by the Nigerian Bar Association”. His name, address, seal and stamp must be on the deed. The deed of the partition must also be endorsed by the lawyer who prepares it.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
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