TWO Harare siblings are locked in a bruising legal battle after one of them allegedly clandestinely changed ownership of a property in Mbare.
Mudzingwa Maravanyika approached the High Court seeking a declaratory order declaring the deceased estate process, started and completed by his younger brother James in the estate of the late Meggie Maravanyika, null and void.
Mudzingwa cited James, Master of the High Court and City of Harare as the first, second and third respondents, respectively.
In the summons prepared by his lawyer Tinashe Zinto, Mudzingwa is also seeking the payment of costs for the application at a higher scale by James.
Mudzingwa, according to his affidavit, submitted that on July 24 this year, he was served with a notice to vacate the family home.
He said he was shocked to discover that his brother, James, was the one evicting him saying the family wanted to renovate the house.
Mudzingwa said he was advised at the city council that the house that was part of his mother’s estate and was registered in his brother’s name and the water bill was in the same name.
He discovered at Master of the High Court in Masvingo that James had misrepresented to the court that he was the only surviving child.
- Brothers fight over mother’s estate
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Mudzingwa said the certificate of occupation issued by the City of Harare in 1981 showed that their mother had three children at that time — himself, Elliot his late brother and Betty his sister, who is also late.
He submitted that on October 6 last year, James filed a summary liquidation and distribution account of the estate, claiming that he was the only beneficiary of the estate and distributed the property.
James, according to Mudzingwa, obtained consent to cession of immovable property issued on October 20, effecting transfer of the property.
“I am advised by my legal practitioners, which advice I hold to be true that, judgment obtained by fraud is a nullity in the eyes of law (and) liable to be set aside by any court.
“James lied to the Master of the High Court, when he had a duty to be truthful in the registration, administration and winding up of the estate.
“James was at all times alive to the fact that I am his brother and have been residing at the estate property since the year our mother died, one wonders when he became the only surviving son.”
The application is pending.
