The story again:
My father married 1st wife whom died (I think during the civil war) and married a 2nd one who is still living. Now my father is dead (1993). The 1st son of my father (age 62) from the 1st wife wants my mother (the 2nd wife) to pack out of the house where she lived with my father till his death in Enugu state after 20 years of my father’s death. And for those 20 years my mother has been collecting rent and managing the house where she lived with my father till his death with no question from anybody on how she spends it. We have 2 properties in Enugu state which are not of the same size or in value. Where my mother is living now is a full plot of land the other is like half plot of land. The other property out comes where being given to my step brother until we, the children of the 2nd wife grew up for university degree. Then the property outcome was then used to sponsor us.
The 1st son (I’m the 1st son of my mother the 2nd wife) now wants us to share our father’s properties. Stating that the one where my mother is living now which is also the place she lived with our father till his death is the one he requires. She is required by him to move to second property (smaller in size and value). He has also written papers for my mother to sign in which it state he is now the owner of where my mother is living and my mother the other property. We are from Anambra State. 1st son has already taken the house in village as the Obi (Igbo tradition in Anambra state Nigeria) due we are still living in it but he built another house in the compound.
My questions
1. Is he right to send my mother of the house where she lived with the husband?
2. How is property sharing done in the case a deceased husband where there are two wives, 1st dead and 2nd still living?
3. What will be the court verdict if we are to go to court? Will it be to sell both properties and share money equally?
4. Your advice on the case please.
Note:
My mother was wedded wife of my father.
Both property documents have been changed to both name (My mother and my step brother and my mother’s name stated 1st) as the administrators. Ie. Letter of administration.
My mother is having the letter of administration of the house she is living in now. The letter for the other is with my step brother.

Since it is your father that built the house and not you nor ur older brother, I will advise you move to the other house. As your senior, you don't expect him to pick the smaller house over the bigger one and for the fact that he has allowed you guys to use it since 1993, then I think he is being fair. If it is because of rent and where your mum would find money for her upkeep that you are not willing to give up the bigger house, I believe if you talk to your step brother about it he could let you guys have part of the rent still. You need not take this kinds of family matters to court knowing fully well that when you get back from court you two will be enemies for life. Your elders can also interfere if you like and most of all pray to God for wisdom on what to do. But above all, never try to get confrontational with your step brother. Take kia

Your mother has the right to live in the house she shared with your father during his life time. In fact, she may possibly own the two properties depending on the value of the village property. I am assuming your father died intestate (without a will). If this is the case, your mother is entitled to at least half of the state. This is called dower rights. The other half would be shared amongst the children including those from your mother.

For example, if your father has 6 surviving children at his death, the six are entitled to share the other half of the estate per capita. This means that your half brother gets 1/6 of the remaining half of the state. If your father had a surviving child at his death that is now deceased, that child's off springs share per stirpes. Meaning that they share their decease parent's 1/6 amongst themselves.

You need to get a lawyer involved and protect you and your mom's rights. Methinks that since your half brother has taken the homestead in the village which is his cultural right, he should back off and allow your mother to be. Your mother gets to choose not your half brother. If you factor in the fact that your brother kept the homestead, it is possible that he has exceeded his 1/6 share of the estate. He may not be entitled to any more from your father's estate.

Remember though that in Nigeria, your mother's wing of the family could be intimidated into submission with voodoo and other threatening tools. You must be strong and not be scared of your half brother's antics.

It is problematic for your mother to hold the properties jointly with your half brother. Your mom needs to settle the estate as soon as possible and cut your half brother off. Otherwise, if your mom were to die, your brother might claim everything.

Please be aware that this advise is based purely on common law and may have been superseded by the law of succession in Enugu state. There are women rights organizations that may be able to assist your mom.

omonuan: Your mother has the right to live in the house she shared with your father during his life time. In fact, she may possibly own the two properties depending on the value of the village property. I am assuming your father died intestate (without a will). If this is the case, your mother is entitled to at least half of the state. This is called dower rights. The other half would be shared amongst the children including those from your mother.

For example, if your father has 6 surviving children at his death, the six are entitled to share the other half of the estate per capita. This means that your half brother gets 1/6 of the remaining half of the state. If your father had a surviving child at his death that is now deceased, that child's off springs share per stirpes. Meaning that they share their decease parent's 1/6 amongst themselves.

You need to get a lawyer involved and protect you and your mom's rights. Methinks that since your half brother has taken the homestead in the village which is his cultural right, he should back off and allow your mother to be. Your mother gets to choose not your half brother. If you factor in the fact that your brother kept the homestead, it is possible that he has exceeded his 1/6 share of the estate. He may not be entitled to any more from your father's estate.

Remember though that in Nigeria, your mother's wing of the family could be intimidated into submission with voodoo and other threatening tools. You must be strong and not be scared of your half brother's antics.

It is problematic for your mother to hold the properties jointly with your half brother. Your mom needs to settle the estate as soon as possible and cut your half brother off. Otherwise, if your mom were to die, your brother might claim everything.

Thank you very much for the encouragement.
God bless you.

cogbuagu:



Thank you very much for the encouragement.
God bless you.

You are welcomed. You must act quickly to protect your mother! Good luck.

Everything owned by your late father will be shared equally between the two sides of the family. When that is done, the first family chooses first.
Get your kindred involved in this matter.