HOW TO RECOVER PROPERTY OF THE DEAD IN NIGERIA – “A LEGAL GUIDE ON PROBATE MATTERS”.
A righteous man leaves inheritance for his off springs says the holy book. We all must die someday but what we may leave are our off springs, legacies, assets, liabilities, problems we solved and those we created. The death of a person is not the death of his/her property, assets and liabilities. The death of loved ones and breadwinners is not a launch into poverty and misery. No one dies with his assets (anything that adds to wealth) and liabilities (anything that reduces wealth) rather such is left for the good of the living. It is the right of the living to take over ownership and administration of the assets and property even the liability of the dead (deceased). Whether a deceased died leaving a WILL (testate) or without a WILL (intestate) his property must be owned and managed by the living. Now, the question is who should legally manage and benefit from the property of a dead in Nigeria?
An illiterate is a person who cannot read, write or understand a particular document. God forbids that a man knows all things; nevertheless may he know where to find them all. Life is unequal and offers unequal opportunity, wisdom, grace, career, knowledge, vision, height, sight, brains and might. Not all human beings are literate, educated, tutored, schooledand learned but all must relate with one another; at work, church, market, contracts, transactions, deals, agreements and fellowship.
No matter how bad a law is, until it is changed by theNational Assembly of Nigeria it remains a binding and valid law. Cars, vehicles, trucks and tricycle etc are helpful tools and in some cases marks of affluence in the society. Cars are made for good of man but just the way hunting-guns can hunt man so can cars be used to perpetrate evil. When at a glance the occupants of a vehicle cannot be seen, then such a car can be used to convey unauthorised persons and goods.
Procedure And Requirements For Obtaining NBA Lawyers’ Stamp, Insurance Policy, Prepaid Cards, Lawyers Verification Exercise – Plus Downloadable Forms
Compliments of the season. Wishing us all a more fruitful year.
Hope we all have got NBA stamps. Enforcement has commenced in courts and government agencies. Non adherence will surely be a preliminary objection. Supreme Court holds that documents without NBA stamps are voidable albeit not void. I urge you to endeavour to apply and obtain your own NBA seal. Presently, stamps issued since 2015 expired on 31 March, 2016 birthing the need for new stamps.
2016 Call for Application for the Conferment of the Award of Senior Advocate of Nigeria
Public Notice/ News Release: Pursuant to the provisions of section 9 of the legal practitioners privileges Committe Guidelines 2013 and Section 5(2) of the Legal Practitioners Act, Laws of the federation as amended; the general public is hereby notified that application forms for the award of the rank of senior advocate of Nigeria for the year 2016 are now on sale.
Can government demolish my house and take my land without compensation? Yes, government can demolish your house and take your land! Albeit, government will compensate you for all your expenditure on the land in certain circumstances. The circumstances and steps therein will be theme of this piece. I advise you to get a copy of the Land Use Act of 1978 from any bookshop to understand and appreciate land contracts and transactions in Nigeria, as a whole. A copy of the Constitution of the Federal Republic of Nigeria 1999 (as amended) will also help.
GUIDE ON RECOVERY OF DEBTS
As far as there is live there must be creditors and debtors; although the occupation of such status may not be static. Everything in life is about sustaining life, itself. The basic needs of man and his wants have given rise to business and work; henceinter human relationship. At different times, places and circumstances people owe themselves. What is owed is called debt, while the person owing is called Debtor and the person owed is a creditor. Most times debtors forget their pretentious innocence and plea rather refuse to pay back their debts. Hence, creditors engage self-help, voodoo, law enforcement agents and diabolic means in a bid to regain their hard earn wealth; it is often frustrating and wasteful. Theall encompassing Nigerian law and jurisprudence has provided expeditious, reliable and legal means of recovering debts with ease and not infringing on the inalienable human rights of debtors. This paper will help you know what is really a debt, how to safeguard and recover a debt.
LEGAL GUIDE ON BUYING OF LAND IN TOWNS AND CITIES
Hello, am glad to have your eyes on this page. On last edition I wrote on “legal guide on buying of land in villages” which dwelt on the purchase of land under customary law which often occurs in our villages. I highlighted the legal requirements and steps to a successful land transaction under such law. Now is time for us to takea deep dive into land transaction under our statutory law. It is for land transactions in our towns and cities. I urge you to learn as much as you can and save yourself embarrassments.
LEGAL GUIDE ON BUYING OF LAND IN VILLAGES (CUSTOMARY LAND)
All lands in Nigeria is vestedon the 36 States’ Governors across Nigeria aside those lands own by Federal Government and her agencies. Local Government Chairmen have vestments of land in local government (non-urban areas). A Governor of astate as well as a local government can lease out to individuals (21 years old and above) or companies or incorporated trustees for a certain term (usually 99 years). Upon the approval of either the governor or local government (as the case may be) the person or registered company to whomgovernment had leased a land to, can subsequentlysub-lease, transfer, alienate, mortgage and vest such upon another person, registered company or trustee. Land can be sold and bought in Nigeria either through customary law or statutory law. Below is a guideon acquiring land in villages throughcustomary method.
The most popular document in land transactions in Nigeria is“Power of Attorney”. Purchasers and sellers of land have given more powers than the law provided for to power of attorney. Power of attorney is merely a document which authorises a person to act for another as an agent. It is a document of delegation. In it, an owner of a right, power or title can transfer his rights to another person to exercise for him. The owner of the right is referred to as “Donor” while the person to whom it is donated to is referred to as a “donee”/ “attorney”. A power of attorney can be with or without a seal (a red wax or rubber sticker and the words “signed, sealed and delivered”).