
Occupying a property after the owner’s death without properly notifying the Chief Justice is illegal, legal experts have warned.
Families usually reside in the homes of their deceased relatives, but neglecting to register the deceased’s estate is a criminal offence.
Failure to comply with this requirement may result in serious legal repercussions, including a fine or imprisonment of up to one year, or both, which underscores the seriousness of compliance with this legal requirement.
Bulawayo’s leading legal expert, Ms. Patience Nkomo, According to Section 5 of the Estates of the Deceased Act, it is a criminal offense for any relative of a deceased person or any person who at or immediately after the death is the principal in charge of the house at or at the place where the death occurred. It happened that the Chief Justice was not informed of the death of any person who died and left any money in his possession.
“In short, staying in a house registered in the name of a deceased person and whose property is not registered is a criminal offense under the laws of Zimbabwe,” Ms Nkomo said.
She said registration of the deceased’s estate must begin within 14 days of the property owner’s death.
Despite the legal mandate, she said there is a clear absence of prosecutorial records for those who do not comply with this requirement.
This gap in the application of the law raises questions about the practical application of the law and its effects on the legal heirs.
“In fact, there are few known cases of criminal prosecution in relation to the above-mentioned provision, but this does not negate the necessity of adhering to it.
“Communities are clearly unaware of the ramifications of not registering properties and, out of ignorance, continue to reside in the properties of deceased persons without notifying the Chief Justice in clear violation of the law,” Ms Nkomo said.
She said there was a general lack of understanding of the importance of registering properties, especially for potential beneficiaries.
“Registration of the estate ensures that the beneficiaries lawfully deal with the deceased’s assets registered in the name of the deceased. Registration of the estate protects the assets of the estate from being exploited or seized,” she added.
Mr. Khumbulani Matema, another legal expert, warned that registering the estate of the deceased is not just a formality, but a legal necessity.
He said failure to comply was a serious criminal offence.
“The following people can register estates; a surviving spouse, any family member or anyone connected to the estate such as creditors can register the estate. Estate liquidation fees are minimal and depend largely on the value of the assets the deceased left behind,” Mr Matema said. “.
He said that the estate settlement process is a delicate process that usually lasts from six months to a year. This time frame is necessary to ensure that all aspects of the estate are resolved according to legal standards, underscoring the importance of a comprehensive approach to estate administration.
“Time depends largely on the size and complexity of the estate. Complex estates take longer. In such cases, members of the public are urged to contact professional executors for guidance on the liquidation of the estate.
“People are also urged to plan for their afterlife by documenting their thoughts in the form of a will. Members of the public are urged to reach out to estate planners for guidance on drafting such important documents and keeping them safe,” he said.
Failure to do so could be costly for the immediate family, as they may not have control over the assets, Matema said.
“The rules of illiteracy may not go according to your wishes. Your husband may have to sell the family home in order to share it with other beneficiaries,” Mr. Matema said.
Bulawayo City Council Head of Housing and Community Services, Mr. Doctor Khumalo, said they often encountered cases involving individuals seeking to transfer ownership of homes.
These cases highlight the ongoing challenges and complexities surrounding property rights and ownership within the city.
“We’ve had a lot of these problems where people come in and say we should transfer the deceased’s property to a family member. But
We refer them to the Supreme Court, which handles the distribution of the deceased individual’s property. We are just following what the Chief Justice will determine. But we have seen a lot of people coming to us out of ignorance and asking them to go to the Supreme Court,” Khumalo said.
“First, the estate of the deceased must be registered with the Chief Justice within six weeks. After registration, an inventory of all the deceased’s assets is compiled and subsequently distributed to
The husband is alive and well children. After distribution, the process of updating or changing the ownership of the property can be carried out.
Bulawayo United Residents Association president, Mr Winus Dube, said there was a general lack of knowledge about the need to register deceased estates.
“I suspect The government and relevant ministries must conduct a large-scale educational campaign on the requirements for registering the estate of the deceased.
“It is an urgent issue that must be addressed because some people are losing their property to unscrupulous individuals who understand the law and take advantage of the ignorance of the population.
“Some people do not see the need to register properties as they say culturally “This is my house as my late father left it,” Mr Dube Chronicle told the newspaper, “so there is nothing to worry about.”