Why You Cannot Sell Ancestral Land

Lawyer Danstan Omari has cautioned parents against selling ancestral land without the permission of their children and said the law guarantees the rights of descendants under the customary trust.

Omari argued that inherited family property places certain responsibilities on the current holder towards future generations.

“A parent cannot sell ancestral land without his children’s consent. When I inherited land from my father, and if I want to sell it, my family must consent to the sale,” argued Omari.

Ancestral Land as a Customary Trust 

He dismissed the misconception that educating a child revokes his or her right to inherit land.

The lawyer insisted that the law still guarantees descendants the right to inherit family land even if they have benefited in other ways.

“Secondly, he cannot disinherit his children from their rightful share in ancestral land. Parents should not think that by educating their children, the property they got from their father can now be sold, as it no longer belongs to children who have been educated,” argued the lawyer.

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He reiterated that the law treated ancestral land differently from the land an individual acquired themselves, as it recognized the trust inherent in passing down property from generations.

“The judges also stated that if land inherited by a father belonged to his father, then that land becomes a customary trust in favor of his children,” explained Omari.

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Legal Requirements and Proof Necessary for Biological Children to Inherit Ancestral Land

He insisted that all children are treated equally by law, and their marital status is not a factor in inheriting ancestral land.

Omari noted that a child can only acquire the property if the burden of proof that he/she is indeed a biological child is met.

“Therefore, for one to claim his share, one must be the child of the father and have proof of birth certificate from the mother, whom the father is married to,” said the lawyer.

Omari refuted any claims based on working for the family or living together and dismissed them as invalid grounds for inheriting the land.

He concluded that only biological children benefit from the trust, arguing that such claims often lead to family disputes.

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Lawyer Danstan Omari speaking to journalists outside a court in a past media briefing. PHOTO/NMG