LEGAL PRINCIPLE: LAND LAW — Family Property — Devolution on Intestacy — Property of Deceased Becomes Family Property on Intestacy
PRINCIPLE STATEMENT
Upon the death of a person intestate, his property devolves on and becomes the communal or family property of all members of his family.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Mohammed v. Klargester Nigeria Ltd (2002) NLC-1141995(SC) at pp. 14–15; Paras E–A.
"The property on the death of the deceased Alhaji Mamman Tela therefore devolved on and became the communal or family property of all the members of the family of the said late Alhaji Mamman Tela."
EXPLANATION / SCOPE
Under customary law, when a person dies intestate, his property does not pass to individual heirs as under English law. Instead, it becomes family property held collectively by all members of the family. The family head administers the property but cannot alienate it without the consent of principal members. The principle applies to most customary law systems in Nigeria. The property is not subject to distribution among individual heirs. The family holds the property in trust for present and future generations. The rule protects family land from dissipation. The court will recognise family ownership upon proof of intestacy. The principle is fundamental to customary land tenure.
