Buying from a Family: Executors, Principal Members & Court Orders

TL;DR: A family sale in Lagos is valid only when the right people consent: for family land, the family head plus principal members; for a deceased person's property, executors or administrators acting under a grant of probate or letters of administration, with all co-executors concurring for real property unless the court orders otherwise. Buy from one member alone and a court can set the sale aside. This is general information, not legal advice.

The viewing went well. A neat duplex in Gbagada, priced fairly. Then the seller said, "I am the first son, everyone knows this house is mine to sell."

That sentence is where I slow a transaction down. In Lagos family sales, the person showing you the house is not always the person (or the full group of people) the law requires to sell it.

Two different kinds of "family" sale

Buyers mix these up, and the documents you need are not the same.

1. Living family land or a family house. The property still belongs to the family as a group. Customary law governs how it can be sold.

2. A deceased person's property. The owner has died, with or without a will. Now you are dealing with an estate: executors named in a will, or administrators appointed by the court.

Work out which one you are in before you discuss price. Your lawyer's searches at the Lands Registry, the Probate Registry, and with the family will follow that fork.

Family land: head plus principal members

For family property, Nigerian courts have been consistent for decades: a valid sale needs the consent of the family head and the principal members of the family.

The consequences of missing consent are not theoretical:

• A sale by the family head without the concurrence of principal members is voidable — it stands until a principal member challenges it, then a court can set it aside.
• A sale by principal members (or one member) without the family head's consent is treated far more severely and has been held void.

One son, one daughter, one "representative" with a family surname cannot validly convey family land alone. Neither can a power of attorney help if it was not given by the family head as donor with the required concurrence behind it.

What I ask to see in practice:

• A meeting of the family with minutes identifying the head and principal members;
• A written family resolution or consent to sell, signed by the head and principal members, with identification attached;
• A receipt and deed that reflect the family as vendor, not just an individual;
• Where land is involved, survey and title documents that trace how the family acquired it (excision, gazette, or earlier registered title).

If the family says "we are all in agreement" but will not put names and signatures to paper, assume you do not yet have agreement you can rely on.

Deceased estates: executors and administrators

If the seller's claim comes through someone who has died, stop and ask for the grant.

Where there is a will, executors named in the will must obtain probate from the Probate Registry before they can properly deal with the estate. Where there is no will, relatives apply for letters of administration. Until a grant is issued, would-be sellers have no proper authority to convey the deceased's real property, and a buyer risks dealing with a stranger to the title.

Two rules catch buyers out:

First, where there is more than one executor or administrator, real property is different from cash or personal items. For land and houses, all co-executors or co-administrators must concur in a sale, unless the others have renounced probate or refused to prove the will, or the court gives an order permitting the sale without that concurrence. One executor signing alone for a house sale, while a co-executor is alive, available and has not renounced, is a defect your lawyer must not wave through.

Second, even with a grant, check who benefits. Executors and administrators hold the estate for beneficiaries. A sale at an obvious undervalue, or one a beneficiary promptly challenges, invites litigation. In Lagos practice, buyers should expect to see the grant (certified copy), an inventory or petition listing beneficiaries where available, and written beneficiary consent to the specific sale before completion.

Lagos probate practice also involves the Administrator-General and, in intestacy, a Certificate of No Objection in the process leading to letters of administration. Timelines at the Probate Registry vary. Do not let an agent rush you into full payment because "probate is almost out."

If no grant exists yet, structure accordingly: minimal commitment, clear conditions, and no possession until the grant and consents are produced and verified.

When a court order is needed

A court order may be required or strongly advisable where:

• Co-executors cannot all concur and the sale still needs to proceed;
• There are minor beneficiaries whose interests are affected;
• Family members dispute who the head or principal members are;
• The property is already the subject of litigation or a caveat at the Lands Registry.

An order of court authorising the conveyance protects the buyer because it answers the concurrence problem on the face of the title. If the sellers resist getting an order their lawyer says is needed, ask why.

A buyer's checklist for family sales

1. Identify the root: family land or deceased estate?
2. Verify title at the Lands Registry and chart any survey.
3. For family land: meet the head and principal members, collect signed consent and minutes.
4. For estates: sight the certified grant of probate or letters of administration; confirm all necessary executors/administrators sign or have renounced; collect beneficiary consent.
5. Search for disputes: ask directly about litigation, caveats, and other sales of the same plot (double sales are a known Lagos risk).
6. Pay against documents, in stages, through your lawyer — never cash to one member.

Family sales can be excellent purchases. Some of the fairest prices in Surulere, Gbagada and older parts of the mainland come from families. They are only safe when the consent structure is as solid as the building.

Frequently asked questions

Can one family member sell family land in Lagos?

No. A valid sale of family land requires the consent of the family head together with the principal members. A sale by one member alone, or by the head without principal members, can be challenged and set aside by a court. Get signed family consent before you pay.

What is the difference between an executor and an administrator in Nigeria?

An executor is named in a deceased person's will and obtains probate to administer the estate. An administrator is appointed by the court through letters of administration, usually where there is no will or no executor able to act. Both need the court's grant before properly selling the deceased's property.

Can one executor sell a house if there are two executors?

Generally not for real property. Where there are co-executors or co-administrators, all must concur in a sale of land or a house, unless one has renounced or refused to prove the will, or the court orders otherwise. A buyer's lawyer should confirm this before completion.

What documents should I ask for when buying from a family?

For family land, ask for identification of the family head and principal members, minutes or a written resolution consenting to the sale, title documents and a survey. For a deceased estate, ask for a certified copy of the grant of probate or letters of administration, details of beneficiaries, and their written consent to the sale.

What happens if I buy family property without proper consent?

You risk the sale being declared void or set aside, losing both the property and leverage to recover your money quickly. Courts in Nigeria have set aside family sales made without the head's consent or without principal members' concurrence. Proper verification before payment is far cheaper than litigation after.

Related reading

• Family Land (Omo Onile) in Lagos: Risks & How to Buy Safely
• How to Verify Land Before Buying in Lagos: Step-by-Step Due Diligence
• Probate Registry Lagos: Processing Letters of Administration
• Omo Onile Wahala: How to Deal with Land Grabbers in Lagos