WHAT HAPPENS TO ESTATE OF A PERSON WHO RESURFACES AFTER BEING PRESUMED DEAD WHOSE ESTATE IS LEGALLY IN THE HANDS OF ANOTHER PERSON?
The Estates of Missing Persons(Mgt) Act gives Administrator General powers to handle the administration of the estate or grant it to another person.
Sec 19 of the Estate Missing Persons (Management) Act states:
Where the missing person reappears, court shall, on application made on that behalf by the missing person, make an order reverting the property in the estate in him or her in such a manner as may be prescribed.
It therefore follows that if one goes missing for 7yrs the wife/husband, children, parents, brothers or sisters n close friends haven’t heard from him/her, the law will treat such person as dead. You can then go ahead and carry out the last funeral rites, appoint successors, etc
DID YOU KNOW THE LAW CAN PRONOUNCE SOMEONE DEAD OVER LONG SILENCE??
The law has though been careful not to pronounce people dead without proof of death such as presence of a dead body or a death certificate and therefore calls such persons who’re presumed dead “Missing Persons”
Unless, the one who claims that such a person is still alive proves it.
In such circumstances, the burden of proof shifts from the one who alleges that the person is dead, to the one who affirms that such a person is still alive.
Meet the actual owner of land and not merely the agents.
-Visit with him/her or a representative to the Land registry to verify the land in question.
-Hire a registered Advocate to act on your behalf in the transaction since acquisition of land is a technical legal process.
WHAT SHOULD YOU KNOW BEFORE BUYING FAMILY LAND?
Land ownership is everyone’s dream because it is a long term investment, whose value appreciates daily making it a sensitive matter that requires thorough research before obtaining it.
In a Nutshell
A prospective land buyer should:
-Visit the land and physically inspect it.
-Talk to the neighbours in the vicinity of the land to confirm whether the seller is in fact the rightful owner.
-If there are any disputes, don’t buy.
All the background legal work can be confusing, especially in the early days of a startup. This conversation will demystify all that and more. Join us here👉🏾https://t.co/t8YkiZ3epG, at 2pm today. Don't miss!