By TellZim Reporter
In a classic case of inheritance betrayal, a woman, her daughter and son in-law are in hot soup facing allegations of conniving to defraud a minor of an inherited house in Tembwe Street, Mucheke D that had been left in the woman’s care.
71-year-old Evelyn Masiyambiri from Mucheke D, together with her daughter Reason Chapwanya and son-in-law, Rangarirai Chapwanya appeared before Masvingo Provincial Magistrate Franklin Mkwananzi on November 19, facing fraud charges for making a misrepresentation to the Master of High Court and alternatively theft of trust property.
The trio was remanded out of custody and will be back in court on November 25, for continuation of trial where witnesses are expected to testify before the court.
It is the state’s case as presented by Prosecutor Eunice Shoko that sometime in 1995, the owner of the said property, Elisha Zvichaita Mushangwa died and his son Elison Mushangwa took custody of the house which was at the time not registered with the Master of High Court as required by the law.
Elison who was working in Gweru at the time bought some building material which he left in custody of Masiyambiri. Elison later died in 2004, leaving behind his wife Martha Tivatye and his son Elisha Farai Mzilikazi who was still a minor at that time.
Masiyambiri introduced Tivatye to then ward councilor, Clement Kambarami after which she also showed the former the building material her husband had bought.
Tivatye passed on two years later, leaving both the property and building material in the custody of Masiyambiri and her relatives, and the councilor made arrangements while at the funeral for Masiyambiri to be caretaker of the property.
Masiyambiri was given the task to collect rentals from the property, with the money being used for the upkeep of the beneficiary, Mzilikazi who was still a minor, which she did from 2006 to 2012 after which she stopped saying she was renovating the house.
In 2015 when Mzilikazi became an adult, he visited the house and started the process of registering his grandfather’s estate.
Masiyambiri however in that same year on October 12, 2015, connived with Reason and Rangarirai and wrote to the Master of High Court falsely claiming that the former was the owner of the house as she had bought it from Elisha before his death indicating the agreement of sale was an oral one.
The trio further wrote a follow up letter to the High Court which then stopped the Master of High Court from finalizing the registration and distribution of the estate.
In 2016, Masiyambiri made an application at the magistrate’s civil court for a peace order and interdict against the executor of the estate after which Rangarirai and Reason wrote affidavits confirming the sale of the house between the former and the late Elisha although the application was dismissed.
Masiyambiri further made an application to the High Court to compel the transfer of the house to herself. She won the application in default after the executor of the estate did not appear on the return date at court.
The matter was then reported to the police.
