SALE OF FAMILY PROPERTY IN NIGERIA BY A PERSON OTHER THAN THE FAMILY HEAD

The family of a late business man in the south western part of Nigeria has agreed to sell the deceased's fifty acres worth of farmland.This decision was arrived at, by the deceased's family members save the eldest child ( who was abroad when the meetings that led to the decision were  held) after several meetings.Also, the family refused to carry the deceased's heir along during those meetings.The family  communicated its decision to him but he refused to cooperate with other members of the family as he did not welcome the idea of selling any of the property that their late father had left behind. Other members of the family now claim that he alone cannot hold the entire family to ransome when others have agreed to the sale.He now warns them to desist from any attempt to sell the property as he will arrest such sale.

What are the legal chances of both sides?

THE LEGAL POSITION

It is trite law that any sale of family property without the concurrence or consent of the eldest child of the family is void ab initio meaning that such sale is deemed not to have taken place at all in law.In fact,  no action has to be brought to set such a sale aside.

Thus, in the above scenario, the deceased's eldest child's withholding of consent to the proposed sale of the family property alone is enough to render it  void right from the beginning, if purportedly carried out, as if no transaction took place. In fact,

the approval/consent of the eldest child of the family alone is more than the concurrence of other members of the family put together.

Thank you for your attention! 

As tomorrow is a public holiday, we shall meet on the next Monday.