ZIALE

Head 3
Conveyancing and Legal Drafting

Lecture 9

February 2022
Barnaby B. Mulenga
 Lesson Outline
 Deed of Assent
 Formal parts of the Deed of Assent
 Lodgement schedule and registration procedure
 Deed of Moiety
 Formal parts of the Deed of Moiety
 Lodgement schedule and registration procedure

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Deed of Assent

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 What is a Deed of Assent?
 Document facilitating the transfer of property from
one person to another
 Used to transfer property where the property owner
is deceased and the Personal Representative transfers
the property (on behalf of the deceased proprietor)
to another person (the intended heir/beneficiaries)
 Transfer done by
 Administrator or
 Executor of the will
 Personal Representative gives “Assent” or agreement
to transfer the property ZIALE Head 3 - Lesson 9
 Deed of Assent vs. Deed of Transfer/Assignment?
 Assent is only done from the estate of someone who
is deceased
 Assent done for no value.
 Assent not appropriate if the person getting the
property made a financial contribution towards it. A
Deed of Assignment would be more appropriate if a
purchase has been made
Transfer Assent
- Property owner need not have died - Property owner deceased and
- Consideration given for property property is part of estate of late
- No consideration

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 Deed of Assent: Legal provisions
 Section 61 of the Lands and Deeds Registry Act:

 Transfer by Registered Proprietor

 61. (2) Where the Registered Proprietor or Registered
Proprietors is or are the personal representatives of a
deceased Registered Proprietor, an assent by such personal
representative or personal representatives shall be
deemed, for the purposes of subsection (4) of section 3
of the Land Transfer Act, 1897, of the United Kingdom, to
be in the prescribed form if the same is in Form 7 in
the Schedule.
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 Deed of Assent: Legal Provisions cont’d
 61. (3) Upon presentation to the Registrar of an assent
executed in accordance with this section and upon compliance
with the law and any regulations relating to the registration
of such document, the Registrar shall register the same:

Provided that, where the subject-matter of

such assent is land in respect of which a Certificate of
Title has been issued, the Registrar shall call for and
cancel such existing Certificate and issue a new
Certificate and further, where a Certificate of
Title has been issued, the Registrar, after
registration of the deed of assent and issue of the
new Certificate, shall cancel such deed of
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assent.
 Charge in Deed of Assent
 Section 64 of the Lands and Deeds Registry Act:

 64. Notwithstanding anything contained in Parts III to VII, a

charge on land or on any estate or interest in land may be
contained in an assent under section 3 of the Land Transfer
Act, 1897, of the United Kingdom.

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 Tax Status
 No tax is payable when transferring estates of deceased to
beneficiaries
 NO STATE CONSENT IS REQUIRED – Why? Section 3(3)(i) which
provides that “Where the interest or right in land is being inherited
upon death…”
 Transfer is by operation of law
 No death certificate is lodged with a deed of assent
 To actualize the principle of jus accrescendi, lodge –
 Death certificate,
 Certificate of title and
 Letters of administration/probate
 Letters of Administration/probate are registered immediately after
death of property owner
 Lodgment schedule will have the letters/probate, COT and death
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 Formal Parts of a Deed of Assent
 PARTIES/ I/WE (name of Executor/Testator) the
Administrator RECITALS (Executor) of the estate of the late xx
who died on xx intestate and letters
of Administration were granted to me on
xx out of the Probate Registry of the High Court
for Zambia
 DATE Do this …. day of ….. Two Thousand and ….
 OPERATIVE As Personal Representative HEREBY ASSENT to the
vesting in xx (name of
transferor) of
 PARCELS ALL THAT ... (Full Property description – NB: Deed
has no Schedules/property description)
 RESTRICTIONS SUBJECT to.... (check the memorials)
 TESTIMONIUM IN WITNESS whereof I have hereunto set my hand
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 Drafting a Deed of Assent
FORM 7
THE LANDS AND DEEDS REGISTRY ACT
(Section 61 (2))

WE (Executors or Administrators) of etc., being all the (proving)

Executors (or Administrators) of the Will of ..... late of etc. deceased
dated the ...... of ...... and proved by us in ...... hereby assent to the
devise to A. therein contained of (describe the subject-matter of the
devise).
(Add if necessary: Subject to a charge upon the said hereditaments
comprised in the said devise for all moneys (if any) which we as
personal representatives of the said Testator are liable to pay.)
 DATED this ........................... day of ........................ 19 ..........
 Executors/Administrators
 WITNESS to the above signatures: ZIALE Head 3 - Lesson 9
 Drafting a Deed of Assent
I JOSHUA LUBAMBE of Lusaka in the Lusaka Province of the
Republic of Zambia the personal representative of the late
MICHAEL JACKSON of Kitwe in the Copperbelt Province of
the Republic of Zambia who died on the Second day of
February Two Thousand and Nineteen intestate and letters
of administration to his estate were granted to me on the
Seventh day of February Two Thousand and Nineteen out of
the Probate Registry of the High Court for Zambia

Do this Sixteenth day of August Two Thousand and Nineteen

hereby:
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 Drafting a Deed of Assent
1. As personal representative assent to the vesting in JANET
JACKSON of Lusaka of ALL THAT piece of land in extent Twenty-Two
Thousand Square meters more or less being Sub-division A of stand
Number 13560 Lusaka situate at Lusaka in the Lusaka Province of the
Republic of Zambia which piece of land is more particularly
delineated and described on Diagram Number 449 of 1986 annexed to
the Certificate of Title relating to this piece of land EXCEPT and
RESERVED all minerals oils and precious stones whatsoever upon or
under the said land TOGETHER WITH the unexhausted improvements
thereon for a term of 99 years from the First day of One Thousand
Nine Hundred and Ninety created by a Lease (hereinafter called the
Lease) dated the xx day of xx and made between The President and
xx for all the estate and interest of the said MICHAEL JACKSON at
the time of his death. ZIALE Head 3 - Lesson 9
 Drafting a Deed of Assent cont’d
 2. Declare that I have not previously hereto given or made any
assent or assignment in respect of any legal estate in the premises
or any part thereof

IN WITNESS whereof I have hereunto set my hand and seal the day and
year first before written

SIGNED SEALED and DELIVERED )

by the said JOSHUA LUBAMBE )
in the presence of: )

WITNESS
Name:
Address:
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 The Lodgment Schedule for Deed of Assent
LODGEMENT SCHEDULE
relating to stand No. 13560
LUSAKA
1. Certificate of Title No. L13564D
2. Assent and 2 copies dated ....
3. DR 53
4. Original and copy of Letters of Administration/Grant of Probate (Please note that a
Probate must be registered within a year at the Deeds Registry)

DISBURSEMENTS
Assent Reg Fee K83.40
Probate Reg Fee K83.40
Certificate of Title K83.40
K166.80
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(Advocates’ Address)
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Deed of Moiety

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 Definition of Moiety
 What is a moiety?

 MOIETY. The half of anything. Joint tenants are said to hold

by moieties.
Litt. 125; 3 C.B. 274, 283; Young v. Smithers, 181 Ky. 847, 205
S.W. 949, 950.
Blacks Law Dictionary

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 Use of Deed of Moiety
 Used to add someone to an existing interest or title.

 Examples:
 From one person to themselves and their spouse
 From one person to themselves and their
children/siblings

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 Formal Parts of a Deed of Moiety
 DATE THIS INDENTURE is made the day of Two …
 PARTIES BETWEEN TIWINE BANDA of ... (hereinafter called “the
Donor”) of the one part and TIWINE BANDA
THOMAS BANDA PATRICK BANDA and GRACE
BANDA all of Lusaka aforesaid (hereinafter together called
“the Donees”) of the other part
 RECITALS WHEREAS ...
 TESTATUM NOW THIS DEED WITNESSETH ...
 CONSIDERATION In pursuance of the said desire and for the natural love and
affection of the Donees
 OPERATIVE The Donor as Beneficial Owner hereby transfers unto the
Donees
 PARCELS ALL THAT the property described in the Schedule
 HABENDUM TO HOLD the same together with the Donor (as tenants in common)
 RESTRICTIONS SUBJECT to....
 TESTIMONIUM IN WITNESS whereof the said parties have hereto set their
hands and seals the day and year.....
 ZIALE Head 3 - Lesson 9
 Drafting a Deed of Moiety
THIS DEED OF MOIETY is made the … day of …. Two
Thousand and Nineteen BETWEEN HARRIET CHOLA of
Lusaka in the Lusaka Province of the Republic of Zambia
(hereinafter called “the Donor”) of the one part and ERNEST
CHOLA also of Lusaka aforesaid (hereinafter together called
“the Donee”) of the other part

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 Drafting a Deed of Moiety
WHEREAS
1. By a Lease (hereinafter called “the Lease”) dated the Fourteenth
day of November Two Thousand and Six and made between the
President of the Republic of Zambia of the one part and Macmillian
Mudenda of the other part ALL THAT the hereditaments and premises
more particularly described in the Schedule hereto (hereinafter called
“the premises”) were demised unto the said Macmillan Mudenda for
the unexpired residue of the term of ninety-nine (99) years from the
First day of May Two Thousand and Four at the revisable yearly rent
reserved by the said Lease and SUBJECT TO the exceptions
reservations restrictions restrictive covenants and conditions
mentioned contained and referred to in the said Lease

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 Drafting a Deed of Moiety
2. The property is now vested in the Donor

3. The Donor is desirous to own the property jointly with the

Donee who is a spouse as Tenants in Common in equal shares

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 Drafting a Deed of Moiety
NOW THIS DEED WITNESSETH as follows:-
1. In pursuant of the said desire and for the natural love and
affection for the Donees the Donor as beneficial owner HEREBY
ASSIGNS unto the Donee ALL AND SINGULAR the property
described in the Schedule hereto together with all unexhausted
improvements thereon TO HOLD the same JOINTLY with the
Donor AS TENANTS IN COMMON IN EQUAL SHARES hence forth
for all the residue now unexpired of the term of years created by
the Lease SUBJECT henceforth to the payment of the yearly rent
and the performance and observance of the covenants on the
part of the lessee and the conditions by and in the Lease reserved
and contained
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 Drafting a Deed of Moiety
2. The necessary consent in writing has been duly obtained
from the President

IN WITNESS whereof the parties hereto have hereunto set

their respective hands and seals the day and year
firstbeforewritten

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 Drafting a Deed of Moiety
THE SCHEDULE hereinbefore referred to:
ALL THAT piece of land in extent 2601 Square Metres more or
less being Stand No. 5421 situate at Luanshya in the Copperbelt
Province of the Republic of Zambia which piece of land is more
particularly delineated and described on Diagram No. 9804 of
1999 annexed to the Certificate of Title No. 60516 relating
hereto TOGETHER WITH the unexhausted improvements
thereon EXCEPT and RESERVED all minerals oils and precious
stones whatsoever upon or under the said piece of land

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 Drafting a Deed of Moiety
SIGNED SEALED and DELIVERED )
by the said HARRIET CHOLA )
……………………
In the presence of )

Witness:
Name: …………………………………
Address: ………………………………
Occupation: …………………………..

 NB:
 All parties to sign the Deed
 ZIALE Head 3 - Lesson 9
 The Lodgment Schedule
LODGEMENT SCHEDULE
relating to stand No. 13560
LUSAKA
1. Certificate of Title No. L13564D
2. Moiety and 2 copies dated ....
3. Consent to assign
4. Tax exemption certificate/tax clearance certificate and tax receipt
5. DR 53

DISBURSEMENTS
Moiety
Registration K83.40
Certificate of Title K166.80

250.20
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Advocates’ Address ZIALE Head 3 - Lesson 9

Questions?

Thank you for your attention

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