15/03/2024
BUYING PROPERTY FROM A DECEASED ESTATE
It is important to note from the first instance that when a person dies, all his her property becomes estate property if it was registered in his name. The most important questions when buying such property include; ' who can sell estate property?', what document can I check when buying estate property' and what are the steps to be followed to change ownership and tittle from the deceased to the new buyer. This piece of writing simplies the requirements and steps to be followed:
1. What constitutes deceased estate property.
All the property that was being owned by the deceased during his life time constitute his estate property. The relatives of the deceased register an Estate of the late with the Master of High Court and all properties of the deceased are listed and recorded in an inventory.
2. Who can sell Estate property.
Not everyone in a family can sell estate property. It is a criminal offence to sell estate property without the authority of the Master of High Court. Upon registration of the deceased estate, the Master of High Court invites family members of the deceased to a meeting called ' edict meeting' whereupon a person who shall represent the estate is appointed. This person is chosen by family members and once everyone is agreable, the Master of High Court records the same in his file. The person who represents the estate is called an Executor. The Master of High Court will then issue the Executor with proof of authority in form of a letter called ' Letters of Administration'. The Executor of an estate is the only person who can sell property of a deceased estate and no one else.
3.Documents to check first before buying property of a deceased estate.
The first thing to check is proof of authority to sell the property. This therefore means that the first document to request from whoever is selling the property is Letters of Administration. The person who is selling the property must produce his original Identity Card or a Valid passport. Check the names on the ID and ID number. They must be the same as those on the Letters of Administration. If there are differences then you must immediately raise a red flag. The person must produce an original Letters of Administration. If he has the proper Letters of Administration then the next step is to request what is called ' Consent to Sell'. A Consent to Sell is a document that is issued by the Master of High Court authorising the Executor to sell all or part of the estate property. The document lists the property that is being sold. Just having a Consent to sell does not mean that the whole estate is being sold. Check closely on the listed property to be sold. Some of the properties might not be authorised to be sold.NB: If there is no Letters of Administration or if the person whose name is on the Letters of Administration is not available please do not buy that property. If the Letters of Administration is available, the Executor is available but there is no ' Consent to Sell' from the Master of High Court please do not buy that property. If you proceed in the absence of the above stated requirements, the sale is a nulity and of no force and effect.
4. How to change tittle and ownership from a deaceased estate to the buyer.
When the sale has been concluded, the agreement of sale is submitted to the Master of High Court. The Master of High Court then issues what is called 'Consent to transfer' authorising the transfer of tittle and ownership from the deceased estate to the buyer. A lawyer or Legal Practitioner who is a registered Conveyancer will then prepare new tittle deeds which he lodges with the Registrar of Deeds for registration of tittle in the name of the new owner.
NB: It is important to note that if you buy an immovable property that is a house or stand from a deceased estate and you do not take steps to have tittle and ownership changed, then tittle and ownership will remain in the deceased estate even though you paid the full purchase price. The reason is that ownership of immovable properties is only in registration of tittle if the previous tittle holder had registered the same.
Prepared by:
Tafara Chiturumani
Legal Practitioner
Notary Public
Conveyancer
No. 53 Samora Machel Avenue, Karigamombe Centre 20th Floor, Harare, Zimbabwe
077 348 7358
