FAMILY PROPERTY AND THE RIGHTS OF INDIVIDUAL MEMBER

At the demise of the first owner of family property, all empty land, farm land and houses acquired by him in his life time automatically become family property. As such that property belong to the family as a unit, and until it is determined, it continues to be held jointly by the entire family as a unit.

CHAMAN LAW FIRM

5/23/2022 2 min read

FAMILY PROPERTY AND RIGHTS OF INDIVIDUAL MEMBER IN FAMILY PROPERTY

Family property is that property vested in a group of persons i.e family members, which is meant for the use and enjoyment of the family as a whole while the individual member have only the rights to use and enjoy the land. At the demise of the first owner of family property, all empty land, farm land and houses acquired by him in his life time automatically become family property. As such that property belong to the family as a unit, and until it is determined, it continues to be held jointly by the entire family as a unit.

However ownership of a family property depends on the mode of creation and intention of the original owner of the family property. Family property can be create by acts of the parties or by the operation of law.

RIGHT OF INDIVIDUAL MEMBER IN THE FAMILY PROPERTY

  • The Right to Make Physical Use of the Property: Every family member is entitled to make physical use of the family property, right to occupy or use any portion of the family property allotted to him. Here an individual has the right of exclusive possession only, he does not acquire a legal estate in the property. A member who is deprived of the right to use the family property may go to court to seek redress.

  • Right to Have a voice in the management of the property: Upon devolution of family property, each member have the right to ensure that the property is being protected from unlawful alienation by any member of the family.

  • Right to have a share in any surplus of income: In a family landed property, every member has the right to enjoy the surplus income accrue to such property. This could be: rents, mense profit, proceeds from sale, compensation from government upon compulsory acquisition.

  • Right to Seek for Partition or Sale of the Family Property: Before a family landed property can be partitioned or sale, it is important that the permission of the family head or the principle member of the family is sought. Any form of conveyance or alienation of the family property will the approval of the family head or the principal family members is void, and of no effect whatsoever. This may also be done through an order of the court. In a case of dispute or deprivation a court can give an order for the partitioning of a family property.

  • The Right to Protect the Family Property from Unlawful Alienation: This right is vested upon every individual member in that any form of unlawful alienation can be contested by aggrieved member of the family. The court will not deprive a beneficiary of claiming his right in family land if the senior members neglect or refuse to assert them.

  • Right to Transfer Interest in the Family Property to Heirs or Successors: In this case, care must be taken, the reason being that family property can only be transferred to heirs only upon the death of the first beneficiary of such property.

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

TEL: 08065553671, 08024230080