If you recently bought a property, are you sure it is properly registered in your name?
Well, there might be need to verify this with the
Department of Deeds, Companies and Intellectual Property.
Of late, several people have been duped by a sophisticated
network of criminals that fraudulently sold them properties whose owners had
either relocated or died.
The Deeds Registry is currently streamlining its procedures
through the introduction of a new digital system that is meant to curb
corruption.
The system will create a paperless office and facilitate
the electronic storage of deeds.
Justice, Legal and Parliamentary Affairs Permanent
Secretary Mrs Virginia Mabhiza said this will improve efficiency and curb
fraud.
“Automation is already in progress and the system will
allow for stronger security and easier retrieval of files,” she said.
There has been an alarming increase in fake title deeds
over the past three or so years.
A syndicate made up of bogus estate agents, lawyers and
officials from the Deeds Registry is believed to be behind the scandal.
Corrupt or bogus police officials are in some instances
roped in.
“The Office has so far discovered 24 fake title deeds for
individually owned properties. Three fake company-owned title deeds have also
been unearthed,” said The Registrar of Deeds, Ms Elizabeth Nyagura.
“The figures are for Harare only. Scanning of historical
records is also underway in other towns and cities, but we are still to verify
and make public our findings.”
While some fake documents have been discovered through the
ongoing exercise, others have been discovered through due diligence by clients.
“We are also discovering some of the fake title deeds when
a client brings a copy of the document he or she would have received from the
purposed owner for verification.
“Most of these cases bear imitated Registrar’s signature or
forged victim’s identity, leaving the other details of the original documents
unchanged,” added Ms Nyagura.
According to reports, more than 10 suspects, including two
lawyers, were arrested for forged deeds in Harare last year.
Naturally, the police are concerned and urging the public
to be cautious.
“We have a number of fraud cases involving tampering with
title deeds. The public needs to be vigilant when buying properties by
following all the necessary verification steps to avoid falling prey,” said
Zimbabwe Republic Police spokesperson Assistant Commissioner Paul Nyathi.
Ms Nyagura added that they are also mulling introducing a
Property Alert Service.
Under the system, a subscriber or property owner will
receive an email or mobile notification to alert them each time there is an
attempt to sell or mortgage their property.
“Our legislation has already been amended to enable the
establishment of an electronic registry as well as having a securitised paper
for those documents that still need to be done on paper. It comes with advanced
features and will reduce the risk of imitations,” she explained.
Plans to amend Section 9 of the Deeds Registries Act, which
gives the public access to title deeds and allow them to make photocopies, are
also afoot.
The provision was largely made for banks and companies, but
criminals are also taking advantage.
But the amendment will limit the application for copies
strictly to the owner under strict guidelines.
“We have held several public awareness programmes to
disseminate information to the public on how to identify fake title deeds and
guard against fraudulent transactions. Our staff has also been trained on how
to identify fake deeds and what to do when they discover one,” added Ms
Nyagura.
The Maphosa siblings from Old Luveve, Bulawayo, were last
year left counting their losses after buying a US$40 000 property with forged
title deeds.
The property was said to be owned by Mlibazisi Ndebele.
However, a month later, the Deeds Office discovered their
title deed was fake through the ongoing verification exercise.
It was discovered that the property was in actual fact
owned and registered under the late Martha Mathe.
The duo was arrested, while Ndebele, who claimed ownership
of the property and received payment, has since vanished.
In Harare, Martha Gwashure is currently embroiled in a
battle to recover her late father Isidore Gwashure’s company after losing
directorship to a ring of fraudsters.
Martha’s father died in 2003, leaving behind a company and
a farm to his son MacDonald.
The late Gwashure’s attorney and the two siblings handled
the estate as combined executors.
Years later, the attorney relocated, leaving Linda Banda as
his replacement.
As fate would have it, MacDonald also died in 2019.
The grieving family did not promptly follow up on the
estate.
A year later, Banda mysteriously withdrew from the estate
and the family appointed Martha as the new executor.
It is then that Martha later discovered that the
directorship of the company had been changed into a new name without any of the
family members’ knowledge.
“We waited for some time but Banda did not do much and it
got us all frustrated. It was only after I visited the Deeds Office that we
discovered our title deeds had been tampered with.
“I also discovered that some crucial files were missing. We
then tried to get in touch with Banda for clarification but she was no longer
available. Up to now, no one knows where she is,” said Martha.
Spirited efforts by this publication to get in touch with
Banda were also in vain. Sunday Mail
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