How to Transfer Property Ownership to My Children in Lekki Legally?
Introduction
Property ownership transfer is one of the most important aspects of real estate law and inheritance planning in Nigeria, especially in premium districts like Lekki, where properties are highly valued. Every parent who has invested in land or housing in Lekki naturally wants to ensure that their children inherit such properties smoothly, securely, and legally.
However, transferring property to your children involves more than just verbal promises or family understanding. Nigerian law—particularly Lagos State property and inheritance laws—requires legal documentation, registration, and compliance with statutory procedures before ownership can be fully transferred. Without proper transfer processes, your children may face difficulties claiming ownership after your death or even risk losing the property due to disputes or government acquisition issues.
This comprehensive guide explains, in clear and practical terms, how to transfer property ownership to your children in Lekki legally. It covers all available legal methods, the procedures, documentation requirements, applicable taxes and fees, and the importance of legal advice. We will also include a real-life case study and a FAQ section to help property owners understand and implement the process properly.
Understanding Property Ownership Transfer in Lagos State
Transferring property ownership means legally changing the name of the owner on the property’s title document from the current holder (you) to another person (your child). This process gives your child exclusive legal rights over the property and ensures that it is recognized by the Lagos State Government.
The transfer can be done during your lifetime (called inter vivos transfer) or after your death through a will or trust. In Lekki—where most lands are under Governor’s Consent or Certificate of Occupancy (C of O)—the process must follow the provisions of the Land Use Act 1978, the Land Registration Law of Lagos State, and related regulations.
Lagos State has strict property registration procedures because Lekki falls within a prime government-controlled jurisdiction. Failure to comply with legal formalities can make your transfer void or challengeable in court.
Legal Framework Governing Property Transfer in Lekki
To understand how property can be transferred legally, it’s important to know the laws that regulate land and property ownership in Lagos:
The Land Use Act of 1978 – All land in Lagos State is vested in the Governor, who grants rights of occupancy.
The Land Registration Law of Lagos State (2015) – Regulates registration of deeds, assignments, and other property documents.
The Conveyancing Act of 1881 (as applicable in Nigeria) – Governs transfer and conveyance of interests in property.
Stamp Duties Act – Requires stamping of legal documents before registration.
Administration of Estates Law of Lagos State – Applies in cases of inheritance after death.
Tenure and Real Property (Transfer) Laws – Apply to specific land title registrations and consents.
Understanding these laws ensures you follow due process and avoid future legal complications.
Ways to Transfer Property Ownership to Your Children in Lekki
There are several legally recognized ways to transfer property ownership to your children in Lagos State. Each method has different legal and tax implications, depending on whether you want to transfer now or later.
Let’s examine them in detail.
Option 1: Transfer by Deed of Gift
A Deed of Gift is the most direct and popular way of transferring property to your children while you are still alive. It is a voluntary transfer of ownership without monetary consideration, made out of love and affection.
This method allows you to retain control of the process while ensuring your children become the legal owners of the property.
Procedure for Executing a Deed of Gift
Engage a Property Lawyer: Hire a qualified real estate lawyer to prepare the Deed of Gift.
Prepare and Execute the Deed: The deed must clearly identify the donor (you), the donee (your child), and the property being transferred.
Governor’s Consent: Since the land is under the Land Use Act, you must apply for Governor’s Consent to validate the transfer.
Stamping: Pay stamp duty at the Lagos State Internal Revenue Service (LIRS).
Registration: Register the deed at the Lagos State Land Registry in Alausa, Ikeja.
Issuance of New Title: A new title document reflecting your child’s name will be issued.
Advantages
Legally recognized transfer of ownership.
Reduces risk of family disputes after your death.
Done during your lifetime under your supervision.
Disadvantages
Irrevocable (once registered, you can’t reclaim ownership unless fraud is proven).
Requires payment of taxes and consent fees.
Option 2: Transfer by Deed of Assignment
A Deed of Assignment is used when you are selling or transferring property for valuable consideration (even if nominal). If you prefer to sell or assign your property to your children rather than gift it, this is the correct instrument.
Although it implies payment, you can choose to sell at a token amount for documentation purposes.
Procedure for Deed of Assignment
Prepare the Deed of Assignment with the help of a lawyer.
Attach a survey plan, C of O, and tax clearance.
Apply for Governor’s Consent from the Lagos State Ministry of Lands.
Pay consent fees, registration fees, and stamp duties.
Register the Deed at the Land Registry.
Once approved, ownership legally transfers to your child, and the title can be verified at the Lagos State Land Bureau.
Option 3: Transfer Through a Will
A Will is a legal document that states how your property should be distributed after your death. If you want your children to inherit your Lekki property after you’re gone, you can include it in your will.
This method is suitable if you prefer to retain control of the property during your lifetime.
Key Points
You must be of sound mind and at least 18 years old.
The will should clearly identify the property and the beneficiaries (your children).
It must be signed before witnesses.
Upon death, the executors will apply for Grant of Probate to transfer ownership.
Advantages
You keep control of your assets while alive.
You can change the will anytime before death.
Prevents family conflict by clearly stating your intentions.
Disadvantages
Transfer only takes effect after your death.
Probate may take several months.
Option 4: Transfer Through a Trust
A Property Trust is another legal instrument that allows you to transfer property to your children while maintaining control as a trustee during your lifetime.
You can establish a Family Trust, where you (the settlor) appoint trustees to manage the property for your children (the beneficiaries).
Procedure
Draft a Trust Deed with legal assistance.
Register the Trust Deed at the Lagos State Land Registry.
The trustee manages the property per the trust terms.
Transfer occurs automatically to beneficiaries when conditions are met (e.g., when a child turns 25).
Advantages
Protects assets from family disputes and external claims.
Useful for minor children.
Can be structured for tax efficiency.
Option 5: Joint Ownership (Co-ownership)
You can make your children co-owners of your property by registering their names alongside yours on the title document.
This method is suitable when you want to give your children partial ownership immediately.
However, it must be properly documented at the Land Registry, with Governor’s Consent, to make it legally binding.
Step-by-Step Process for Transferring Property in Lekki
Regardless of the method you choose, every legal transfer of property in Lekki follows a similar pattern. Below is a detailed guide:
Step 1: Confirm Ownership and Title Status
Before you can transfer property, ensure that your title is valid and free from encumbrances. If you have a Deed of Assignment, C of O, or Governor’s Consent, verify it at the Lagos State Land Bureau.
This verification prevents issues of double allocation, government acquisition, or fake documents.
Step 2: Hire a Real Estate Lawyer
Engage a qualified property lawyer in Lagos to prepare and file the necessary legal documents. Avoid using unlicensed agents or unverified individuals, as property fraud is common in Lekki.
Step 3: Draft the Appropriate Transfer Document
Depending on your chosen method (Gift, Assignment, Will, or Trust), your lawyer will prepare the appropriate document. The document should include:
Names of parties (donor/assignor and donee/assignee).
Description of property.
Consideration (if applicable).
Covenants and rights being transferred.
Witness signatures.
Step 4: Obtain Governor’s Consent
Under Section 22 of the Land Use Act, you must obtain the Governor’s Consent before any interest in land can be legally transferred.
Submit your application to the Lagos State Ministry of Lands with:
Completed Form 1C.
Original title documents.
Payment receipts for consent and registration fees.
Tax clearance certificates.
Deed of Gift or Assignment.
The Ministry will assess the property and issue consent upon approval.
Step 5: Pay Stamp Duties
Before registration, you must pay Stamp Duty at the Lagos State Internal Revenue Service (LIRS). Stamping validates the document and ensures it can be admitted in court if disputes arise.
Step 6: Register the Transfer at the Land Registry
After obtaining Governor’s Consent and paying stamp duties, submit the documents to the Land Registry at Alausa, Ikeja for registration.
Upon completion, your child’s name will be officially recorded as the new owner in the land register.
Step 7: Obtain Certified True Copies (CTC)
Request a Certified True Copy (CTC) of the registered deed and consent from the Land Registry. This serves as proof of ownership that your child can use for verification, resale, or collateral.
Taxes and Fees Involved in Property Transfer
When transferring property in Lekki, you must pay the following statutory charges:
Governor’s Consent Fee: 1.5% of property value.
Stamp Duty: 0.5% – 1% of value.
Registration Fee: 0.5% – 1% of value.
Capital Gains Tax (if applicable): 10% of profit from sale.
Legal Fees: Negotiable, usually 5% of transaction value.
All payments are made to the Lagos State Government Treasury and must be receipted.
Case Study: Legal Transfer of Lekki Property to Children
Background:
Mrs. Ifeoma, a widow and businesswoman, owned three luxury duplexes in Lekki Phase 2. She wanted to transfer ownership to her two children to avoid disputes after her death.
Action Taken:
She engaged Chaman Law Firm to prepare Deeds of Gift for each property. The firm processed Governor’s Consent, paid stamp duties, and registered all deeds at the Land Registry.
Outcome:
Each child received a registered deed in their name. When Mrs. Ifeoma passed away two years later, no probate or inheritance disputes arose because ownership had already been legally transferred.
Lesson:
Planning early with proper documentation saves families from future litigation and inheritance problems.
Why You Should Not Use Informal or Verbal Transfers
Many parents in Nigeria try to “give” property to their children informally, saying things like “This house belongs to you” or “I built this one for my first son.” Unfortunately, such informal declarations hold no legal weight in court.
Without a registered transfer document, the property remains in your name—even after death—and can be contested by other relatives or even seized during probate proceedings.
Benefits of Legal Transfer
Ensures your children’s rights are protected under the law.
Prevents disputes among siblings and relatives.
Guarantees the property’s recognition by the Lagos State Government.
Enables easy access to loans or resale by your children.
Ensures generational wealth preservation.
Frequently Asked Questions (FAQ)
Q1. Can I transfer my Lekki property to my children before I die?
Yes. You can execute a Deed of Gift or Deed of Assignment while alive and register it with the Lagos State Land Registry.
Q2. Can I transfer property to a minor child?
Yes, but it must be held in trust until the child reaches 18 years of age.
Q3. Do I still need a will if I already transferred the property?
It is advisable to include the transfer in your will to reaffirm your intentions and cover other assets.
Q4. How long does it take to transfer property ownership in Lagos?
Between 4 to 6 months, depending on documentation and consent processing.
Q5. Can I revoke a Deed of Gift?
Generally, no—unless you can prove fraud, coercion, or undue influence.
Q6. What if my child refuses to take the property?
The gift may lapse, but you can reassign it through another deed.
Q7. Do I have to pay tax when transferring to my child?
Yes, you must pay stamp duties, registration, and consent fees even for family transfers.
Q8. Can siblings share the same property?
Yes. You can execute a joint deed or create individual deeds for each share.
Q9. Can my child sell the property after transfer?
Yes. Once registered, the property legally belongs to them and they can sell or lease it.
Q10. Can the government revoke my child’s ownership?
Only under lawful acquisition (e.g., public interest), and compensation must be paid.
Conclusion: Secure the Future of Your Family Through Legal Property Transfer
Transferring property ownership to your children in Lekki is not just a family decision—it is a legal transaction that must be documented and registered with the Lagos State Government. Whether through a Deed of Gift, Deed of Assignment, Trust, or Will, the goal is to ensure your children’s inheritance is legally protected.
Failing to document your intentions properly may cause years of family conflict and litigation after your passing.
At Chaman Law Firm, we specialize in property transfer, real estate documentation, Governor’s Consent processing, trust establishment, and will drafting. We help property owners in Lekki and across Lagos complete ownership transfers legally, smoothly, and efficiently.
📍 Contact Us Today
📞 0806 555 3671, 08096888818, 08024200080📧 chamanlawfirm@gmail.com📍 Chaman Law Firm 115, Obafemi Awolowo Way, Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos🌐 www.chamanlawfirm.com👉 Book a consultation now: www.chamanlawfirm.com/book-consultationSecure your family’s legacy with confidence—transfer your Lekki property legally and safeguard your children’s future with Chaman Law Firm.
