THE business of sale of land and other property by individuals and members of a family is increasingly becoming a major source of commercial transaction in Nigeria, especially in the urban areas.
Many choose to sell family property to meet some pressing needs while the buyers need same for either private or business purposes and this has accounted for the increase in demand for land generally across the country.
While such a booming trade should ordinarily not elicit worries, it has however, today, continued to be a source of nightmare, anguish, acrimony and mutual mistrust among family members, business associates and communities.
It is no news today that sale of land and land-related issues dominate the litigation curve in our courts across the country.
Sometimes, the sale, lease or alienation whatsoever is perpetrated by unauthorized family or community members while in extreme cases, land grabbers, speculators or total strangers are behind the reprehensible trajectory.
With the increasing apetite and inordinate ambition for migration or Japa syndrome, many families have been subjected to the gory experience of having their family property sold to unsuspecting buyers by unscrupulous and unauthorized family members.
Indeed, unauthorized sale or alienation of family property today forms a large chunk of property, especially land-related disputes in our various cities and villages.
It has in extreme case led to wars among neighbouring communities precipitating monumental losses of both human and material resources, among others.
Family members are also known to be at one another’s throat over unauthorized sale of property.
Even conspicuous inscriptions such as “This House is not For Sale” “This land is not for sale” “Beware of Fraudsters” and the likes meant to warn unauthorized sellers and buyers hardly achieve the goal as more often than not, illegal sales of family property still go on unabated.
Victims of such illegal transactions particularly the owners who never consented to the sale and unsuspecting buyers sometimes end up as losers while the unauthorized sellers reap these lossers bare.
To ward off this worrisome trend especially with regards to family property, wisdom dictates that there should be a mutual accord among the members before it can be leased, sold or alienated in any material particular. This will go long way in cementing family ties mutual trust, respect and protection of the people’s common patrimony.
It will also minimize if not eradicate the ugly situation of arbitrary and unilateral appropriation of the family property to the detriment of the majority.
For sale of family property to therefore, enjoy legality flavour, it has to fall within the description of legally recognized family transaction.
The sale must enjoy the consent of the head of the family and principal members of the family. Any sale without the consent of the family head does not convey title to the purported buyer. At best, such purchaser has succeeded in buying land dispute litigation and no land at all. Little wonders that such illegal sales and purchases of family property (land) in most cases end up being intensely contested in courts.
It has to be emphasized at this juncture that while sale by only few principal members of the family without the consent of other principal members remains voidable, such sales by the principal members of the family without the consent of the head of the family remains incurably bad, null and void.
Similarly, where a member of the family unilaterally sells family land or portion (s) thereof such transaction is unauthorized and remains null and void. This has been given eloquent expression by the courts in a plethora of cases.
For instance, in Sowunmi v Ayinde (2011) 1NWLR (Pt.1227)122 pp.149- 150 paras H-D court held that such sale by a member without consent of the family head or principal members of the family is irredeemably bad. According to the court, “The1st appellant who claimed to have sold portions of Sowunmi family land to the 4th-16th appellants had no authority to do so without the consent of the family head or principal members of the family”
This is a clear warning to buyers and sellers of family land to always act within the confines of the law to avoid either being swindled or compelled by law to cough out humongous amounts collected for illegal sale of the family property.
Beyond coughing out the money there is also the unpleasant consequences of being thrown into detention especially now that many Nigerians rather than approaching court of competent jurisdiction more often than not, and in connivance with unscrupulous and overzealous security operatives, resort to getting any of the parties to such illegal transactions into illegal detentions.
Wisdom therefore calls for all sellers and buyers of family property to be circumspect and avoid the ugly consequences of unauthorized sales of family property.
Insisting on due process and diligence will also save citizens from avoidable, protracted and costly litigations which could be precipitated by one’s inadvertence.
Violence at construction sites of such illegally purchased family land is also avoidable. Many have lost their lives and building materials on site to the rampaging gun wielding thugs often hired by disputing parties who rather than approaching courts of competent jurisdiction resort to self-help and unimaginable display of crude brutality, barbarism, brawn and bravado.
Sometimes, security and paramilitary agencies are equally hired by parties disputing sale of the family property to deal brutally on opponents.
To avoid this, both sellers and purchasers should always engage the services of legal practitioners who will ensure that due process is observed in the transaction.
Family members should also cultivate a culture of mutual trust, respect and transparent honesty in dealing with family property as these virtues if honoured will go a long way in minimizing unauthorized alienation of family property.
Ours is a society governed by law and due process and so transactions including sale of family property should reflect our commitment to being law abiding.
Without the consent of the family head and principal members, sale of family property is illegal and the law has no sympathy for the buyer who choose the quick and unlawful path. Neither will the law allow to go unpunished one who arrogates to himself phantom authority to sell whereas such does not exist.
