Have you ever acquired a property and were advised not to date the Deed of Assignment?
Do you currently hold a Deed of Assignment without a date?
Have you been told it’s okay to delay stamping until your title is perfected?
If your answer is yes to any of the above, this article is for you.
What Is a Deed of Assignment?
A Deed of Assignment is a crucial legal document that transfers legal rights and interest in property from the Assignor (the seller) to the Assignee (the buyer). It is a registrable instrument and plays a key role in land transactions under Nigerian law.
However, the legal effect of this document depends not just on its content, but also on its proper execution and stamping.
Section 23 of the Stamp Duties Act
“No instrument which is chargeable with duty shall be admitted in evidence in any court unless such instrument is duly stamped.”
This means a Deed of Assignment that is not stamped cannot be used in court, no matter how genuine the transaction may seem. This includes documents that are left undated in a bid to delay stamp duty payment.
The law requires that any instrument chargeable with stamp duty (including a Deed of Assignment) must be stamped within 40 days of execution. When parties intentionally leave the document undated to avoid or delay this requirement, they are exposing themselves to serious legal risk.
Many buyers delay stamping in anticipation of doing it “later”—often when applying for Governor’s Consent or title perfection. However, should any dispute or litigation arise (e.g., competing claims, fraud, family objections, etc.) before the title is perfected, the unstamped (and undated) Deed of Assignment becomes legally worthless in court.
This could lead to:
- Loss of property rights
- Inability to defend ownership
- Costly legal setbacks
To ensure your property rights are fully protected:
- Always date the Deed of Assignment on the day it is signed.
- Ensure it is stamped within 40 days as required by law.
- Consult a property lawyer to help with execution, stamping, and title perfection.
A property transaction is one of the most important investments anyone can make. Don’t jeopardize it by cutting corners. An undated, unstamped Deed of Assignment is like buying land with no legal ground to stand on.bAlways consult professionals before signing or accepting property documents.
