DEED OF PARTITION IN NIGERIA
WHAT IS A DEED OF PARTITION?
A deed of partition for a property is a means of executing a deed to divide a property among two or more persons, usually among the family members or partners. To partition is to divide a property held jointly by two or more people, in such a way that each person gets their own share and becomes the bonifide owner of the allotted share. It gives title ownership to the parties and determines the terms of division.
It is pertinent to note that a question may arise from the legal implications of joint ownership as to when the joint owners should decide to severe their personal right of ownership in their property. The owners who held a joint interest in a property may apply to a court of competent jurisdiction to partition the property title, whenever there is a persistent refusal by any of the joint owners to permit the other co-owners to peacefully enjoy their property rights in a property or the whole of the joint owners may agree together to partition the property based on their interest.
To partition is an act of a court or otherwise the means by which a property title is divided into different portions to represent the proportional interest of the each owners in the property. I can actually say that the main purpose of partition is to remove the concurrent right/interest to the property that is jointly held by the owners of the property, in that regard, each of the joint owner can actually possess or enjoy their property right in severalty. Each of the divided property right of ownership will gets a new title and each other will give up the interest in the property in favour of the other owner. The person that is transferring the title can then deal with his/her own share of the right of the property in such manner that pleases him/her.
WHEN DO YOU NEED A DEED OF PARTITION IN NIGERIA?
If you jointly own a property with someone, I advise that you get the service of a legal practitioner to help you draft the deed of partition. Whenever that is done, I advise that you register it at the Lands Registry of the State. It is the registration that makes it valid and tenable in the law court. I must tell you that it is pertinent to note that any person who wishes to buy a landed property in Nigeria needs to investigate the title of the seller/vendor. Once the seller/vendor is a joint owner of the particular property, the buyer/purchaser needs to conduct a due diligence investigation to make ensure that other owner who has a joint ownership right over the property has approved the sale.
WHAT ARE THE COMPOSITE OF DEED OF PARTITION?
A deed of partition has different parts which are: Introductory Part; Operative Part; and concluding part. If any of the party is an illiterate, there must be an illiterate jurat to conform with the illiterate Protection Act. In that case, the content of the document must be read and interpreted to the person and when the person appears perfectly to have understood the content of the document, then the will affix his/her thumbprint. It must also be signed by the person that read it to the illiterate person.
WHO PREPARES A DEED OF PARTITION IN NIGERIA?
It is the work of a lawyer to prepare and frank a deed of partition. If you are intending to get a deed of partition, starting now to think of how to get a property/conveyancing lawyer. Finally, a deed of partition gives a legal division of property right that is jointly owned, thereby creating a new owner. After the partition, the said deed has to be perfected with the land registry of the state to register the interest of new owner in the said property.
WHAT HAPPENS TO A PROPERTY AFTER A DEED OF PARTITION IS EXECUTED?
Once the partition deed is duly perfected, each of the share in the particular property becomes an independent legal title of a property. Each of the party gets a new title. For instance, if Mr. Charles Chukwuma, Bright Uzoukwu and Oluwatosin Oririe divide a property through a deed of partition, then, Charles Chukwuma and Bright Uzoukwu would give up their legal interest in the part that has been allocated to Oluwatosin Oririe. Similarly, Oluwatosin Orire up her right in the shares allotted to Charles Chukwuma and Bright Uzoukwu. Apart from the common areas where there is a right of easements, each person has an independent property within an estate, after its partition. It also provides them with the right to deal with their share in such a manner they are pleased. After the partition, each of the party must register their title to make it legally valid.
WHAT ARE THE CONTENTS OF A PARTITION DEED?
A duly drafted deed of partition deed must have the following information: 1. Date of partition 2. Statement of partition 3. Name, age and address of the joint owners 4. Description of their share 5. Signatures of the joint owners 6. Names and signatures of the witnesses.
WHAT IS THE EFFECT OF NON-REGISTRATION OF A DEED OF PARTITION?
If a deed of partition is not registered by paying the necessary registration charges and applicable stamp duty, it will not have a legal validity. Consequently, the unregistered deed of partition will not be admissible as an evidence in the court of law.
SAMPLE OF A DEED OF PARTITION
This deed of partition made this ___ day of ______________, 20__ Between 1) Mr. ABC of ___________________________, (Hereinafter referred to as the FIRST PARTY) 2) Mr. GHF of ___________________________, (Hereinafter referred to as the SECOND PARTY) 3) Mr. XYZ of ___________________________, (Hereinafter referred to as the THIRD PARTY)
1) The parties are the members and undivided OSHORUN FAMILY and the said property is located at _______________________________, more particularly described in the schedule of this deed. Each party hereto is entitled to a share in the said property.
2) The parties is hereby desire to implement a partition of the said properties amongst themselves as they no longer desire to continue in their joint ownership of the property.
3) The parties have agreed that the said property will be divided in such a way that:
a) The property described in the first schedule shall be allotted to the first party exclusively.
b) The property described in the second schedule shall be allotted to the second party exclusively.
c) The property described in the said third schedule shall be allotted to the third party exclusively. The parties hereto have proposed to effect and record the said partition in the manner following:
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. Each party hereto grant and release all his/her undivided share, right, title and interest in the property allotted to the other so as to constitute each party the sole and absolute owner of the property allotted to him/her.
2. Each party agrees that they will get the deed executed and registered and will equally share expenses involved in the process.
3. Each party agrees that they will not cause any hindrances or claim and right on the share they have agreed to give up through this partition deed. SCHEDULE A (Details of Undivided properties belongs to Joint Family) Sl. No. Description of the property 1 2 3 4
FIRST SCHEDULE (Property allotted to the share of Mr. __________________________First party)
SECOND SCHEDULE (Property allotted to the share of Mrs. __________________________Second party)
THIRD SCHEDULE (Property allotted to the share of Miss. _________________________Third party)
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WRITTEN BY CHAMAN LAW FIRM TEAM
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