Disadvantage of registration a property in the name of a minor child in Zimbabwe

Did you know that in terms of section 32(2) of the Deeds Registries Regulations, 2018 no immovable property or interest in immovable property registered in the name of a minor can be alienated or encumbered unless the High Court of Zimbabwe or any judge thereof has authorised such alienation or encumbrance.

Resultantly, a parent or guardian of a minor child in whose name an immovable property is registered cannot dispose of the land without the consent of the High Court. Similarly, no tutor (either testamentary or dative), or curator (either nominate or dative) has authorization to dispose of land registered in the name of a minor without consent in terms of section 91 of the Administration of Estates Act [Chapter 6:01].

In Nemuseso v Mashita & Others 2009 (2) ZLR 298 (H) the requirements to be met in such an application were set as follows:

• (a) The reason why the property is being sold; and
• (b) How the sale of the property will benefit the minor(s).

Equally, when any bond is registered in favour of a minor child who owns immovable property in Zimbabwe, any such bond registered in favour of the minor child can only be cancelled with the consent of the Master of the High Court in terms of section 25 of Estate Duty Act [Chapter 23:03].