To give land to a child, spouse or relative in Nigeria, you sign a Deed of Gift in front of a witness, get it stamped, obtain the Governor’s consent (the FCT Minister’s in Abuja), and register it at the state Land Registry. Skipping consent is the costly mistake: a gift of land made without it can be void, as a 15 April 2026 guide from Abdu-Salaam Abbas & Co. warns. Once the recipient accepts, the gift generally can’t be taken back.
Many families “give” land with a handshake, a family meeting or a signed paper that never leaves a drawer. It works until someone dies, a sibling objects or the recipient tries to sell. Then the gaps show. If you’re a parent abroad planning to hand a plot to a child at home, or a child who has been told “that land is yours,” this is how to make the gift stand up.
What is a Deed of Gift in Nigeria?
A Deed of Gift is the document that transfers land from the owner (the donor) to someone else (the donee) without payment. The Mondaq guide lists what makes a gift valid: the donor has capacity and a sound mind, gives freely and without conditions, delivers the property, and the donee accepts it. The donee must not pay anything. If money changes hands, the transaction is treated as a sale, and you need a Deed of Assignment instead.
Our guide to Nigerian property documents explains how a Deed of Gift sits beside a C of O, a Deed of Assignment and a survey plan.
Do you need Governor’s consent to gift land?
Yes. A gift is a transfer of a right of occupancy, so it needs consent in the same way a sale does. LegalDoc’s explainer points to section 22 of the Land Use Act and notes that families often sign the deed and stop there. The Mondaq guide goes further: a gift of land made without the Governor’s consent is void. In Abuja, consent comes from the FCT Minister, not a Governor, and deeds are registered at AGIS.
Our Governor’s consent guide covers the process. Fees are set by each state, so ask your lawyer for the current figures before you budget.
How do you gift land to a family member, step by step?
LegalDoc sets out the order: execute the deed, stamp it, get consent, then register. In practice:
- Confirm the donor’s title. You can only give what you own. Run the same title and registry checks a buyer would.
- Have a lawyer prepare the Deed of Gift. It should name both parties, describe the land accurately, including size and location, and state that no payment is involved.
- Sign before a witness. Mondaq notes the witness must be present when the donor signs.
- Stamp the deed at the state tax office.
- Apply for the Governor’s consent with the deed and the donor’s title documents.
- Register the deed at the Land Registry. This step perfects the donee’s title. Mondaq describes registration as mandatory.
Check the land before you give it, or accept it. Our free Land Verification Checklist covers the title, survey and registry checks to run on any plot.
Can a Deed of Gift be revoked?
Generally, no. Once the donee accepts, the gift is complete and the donor can’t change their mind. Mondaq cites the Supreme Court in Anyaegbunam v Osaka (2000), which upheld a deed against a claim to revoke it. A gift can still be set aside in narrow cases: LegalDoc and Mondaq list fraud, duress, mistake, misrepresentation, undue influence, lack of capacity, or a gift made to defeat creditors.
So if you want to keep some control, a gift is the wrong tool. Talk to your lawyer about a will or a trust instead.
Is an oral or family gift of land valid?
Under customary law it can be. Mondaq explains that an oral gift may be valid if it is made publicly and possession is handed over. The problem is proof. In a dispute, the recipient may have to call the giver, their successor or a witness to the gift, and those people may be gone. A written, consented and registered deed removes that risk.
Is there tax when you gift land?
Don’t assume it’s nil. LegalDoc warns that a gift can count as a disposal for capital gains purposes even though no money changes hands. Stamp duty also applies to the deed. Ask a tax adviser to look at your case before you sign, and see our guide to capital gains tax on land for how gains are taxed now.
Gifting land from abroad
You don’t need to fly home. A lawyer in Nigeria can prepare the deed, you sign it where you live, and the lawyer handles stamping, consent and registration. Ask how your signature should be witnessed or notarised so the registry accepts it. A Power of Attorney is not a substitute: it lets someone act for you, but it doesn’t transfer the land. Our Power of Attorney guide explains the difference. If you’d rather the land pass on your death, read what happens to land without a will.
Frequently asked questions
Do I need a lawyer to prepare a Deed of Gift?
Yes. Only a lawyer should prepare the deed, and the same lawyer can handle stamping, consent and registration.
Can I gift land to my child who is abroad?
Yes. The donee doesn’t need to be in Nigeria, but they must accept the gift, and the deed still needs consent and registration in the state where the land is.
Is a Deed of Gift valid without Governor’s consent?
It is risky. A 2026 law-firm guide says a gift of land made without consent is void. Get consent soon after signing.
Can a parent take back land gifted to a child?
Not once the child has accepted it, unless the gift was obtained by fraud, duress, undue influence or similar grounds.
What is the difference between a Deed of Gift and a Deed of Assignment?
A Deed of Assignment records a sale for a price. A Deed of Gift records a transfer with no payment.
Planning to build on family land? Feasibility Studio will help small builders test a project’s costs before they spend. It launches soon.
Sources and methodology
- Faruq Abbas and Nurudeen Emmanuel, Abdu-Salaam Abbas & Co., “Transferring Property by Deed of Gift: What Nigerian Law Requires”, Mondaq, 15 April 2026: essential elements, witnessing, consent, registration, revocation, customary gifts, cases.
- LegalDoc, “Deed of Gift and Gifting Property in Nigeria” (undated, opened 22 October 2026): order of steps, section 22 of the Land Use Act, capital gains caution.
- This guide is general information, not legal or tax advice.
Last updated: 22 October 2026. Journalists and researchers may cite this with attribution to LandsofNigeria.com.
