Your mum should get a letter of administration from the court. she should also get a lawyer to assist. This will protect her interest as the wife of the deceased.
she should also do a change of ownership of all your late dad's properties.

This will epp

Eketem:
https://www.google.com.ng/url?sa=t&source=web&rct=j&url=http://www.vanguardngr.com/2014/04/inheritance-supreme-court-voids-discrimination-females-igboland/&ved=0ahUKEwj1x5C4ypXOAhXhDpoKHXebBEUQFggZMAA&usg=AFQjCNGZRwxahVm0EusaJs22WABNp1BwgQ&sig2=kNnyYN87oaPZfOoUFmudeQ


The Supreme Court has affirmed the right of women to inheritance don't let anyone tell you different.

Who has his death certificate?

Go to Court and apply for a letter of administration

Who was his next of kin?


Who has the house papers? Women need to stop being emotional in cases like this, in cases like this thr first thing is get the house papers and keep in a safe place instead of screaming and crying. The dead is gone if you have kids you need to protect you have to act fast that is where men get to cheat you guys because they are less emotional.

Anyway you all have a fair right to inheritance go to court if your father died without a will so the property can be shared equally

Yep its now law in Nigeria that female children can inherit properties. You elders brother is looking for his.own downfall if you take him to court. He will loose.

otokx:
The fault lies in your dad, even if you Mom had a son for him, the first son already has some form of advantage, you better wake up your mom from her deep slumber - she has been sleeping all this while.

Her elder brother's mum wasn't even legally married to their late dad......Her mum is the only wife recognized by law.....

I bet the mom of your lazy brother in law is not Igbo because a full Igbo blood would rather let you people be then hustle and get his own properties to prove himself self a man. Nonsense

That is not him I guess there are people behind him giving him these advice as you are also seeking but he will lose at the long run . He is trying to be smart

NwaEzefuNaMba:
@OP go and make peace with your step brother! The day you let outsiders to settle family dispute is the day you split your family.

If it's in Igbo land, no court, no lawyers whatsoever can settle this particular issue; it's all about mutual understanding and co-operation.

Wtf, why would she go to make peace? Was she the one that looked for trouble in the first place? Na wah for.some peeps

Nawa

henryvirus:
Nigerian law on testate
inheritance/succession
includes the Wills Act and its
Amendments (1837, 1852);
The Wills Law Western Nigeria
(1987). Succession Law Edict,
1987 of old Anambra State as
amended and applicable to
Enugu and Ebonyi States. The
Wills Act of 1837 does not
place any disability on widows
with regards to their right to
inherit property under
testamentary disposition.
These laws/statutes do not
extend to widows who
contracted customary law
marriages (Nwankwo,2004).
The need for special protection
of women and children under
the law rests on the rational
belief that all human are
entitled to equal consideration
and respect. women married
under the statute and their
children have better protection
than women married under
customary law and their
children.. That was why I asked if your mother was legally married with a certificate to back it up. If she was legally married, then you can take your plea to a good lawyer, you have tangible grounds to file a suit restraining that illegitimate son from controlling the property. Also according to recent judgements your mother and you the legitimate children are to be the beneficiaries of the property even though there is no will. In conclusion your mother has the right to his property without any external interference, that son was born out of wedlock so he has no rights on the administration of the property. I am a law student so let us see views from Barristers in the house.

P. S. Please move this to front page so Lawyers can shed more light on this.

You said well but please be guided: There is nothing like ILLEGITIMATE CHILD under the LAW.

Children born between a man and a woman, married or not, are children of the deceased and NONE is ILLEGITIMATE.
Only a DNA test can PROVE whether the child is a 'BIOLOGICAL child' or not, which is what the LAW is concerned about.


If you have constitutional/Legal proof that the Law regards 'a Child born out of wedlock' as Illegitimate, please share it.


BTW: he has no right to lock everyone else out.
Every Child has right to the property (and the children can remove the lock so that real trouble can start ) but having said that, l recognise that he is the ELDEST CHILD (which makes him a De Facto FAMILY HEAD) and he is also the only MALE Child (which makes him to be the one who carries-on the Family name)
Even at that, he has no right to lock-out the Wife of his father and his siblings.
But could it be that he locked the room because your Mum was not around (travelled as you put it)? and she came back swinging on all elbows, at his boldness, instead of just making a friendly phone call to announce that she is back and would need access to the house?

At times, the way we handle potential conflicts will determine if they would turn to a real war.

drnoel:


Wtf, why would she go to make peace? Was she the one that looked for trouble in the first place? Na wah for.some peeps

How old are you? Your comment sounds childish! Must you make troubles before you can make peace with your "perceived Enemy"?

L

vodutive:
does Ibo traditional law not state that since your father did not marry his mother he belongs to his mother's family?

you are so right, i think the op mum has all the authority over the house and any other property of her dad.

Your half-brother is just being wicked and heartless - however you people might have treated him in the past is just secondary at this juncture.

For one, the true Igbo culture never prohibits a widow of her female children from inheriting a property not to talk about not being entitled to a house they have known and living in all their lives. Only the greedy people propagates and practice such evil act against the less fortune victims.

For now, kindly seek for an intervention from any of the powerful men in your lineage or community to get the petty man to recant his deed. Diplomacy does it all.

U call me so I can advice yhu....drop ur number

@op Listen to me dear if your dad left no will that the son owned the property it helps u win the case becos it also establishes that he is not a sole heir.all u nid is a sound lawyer who can prove this an the inheritance will be shared amongst u all including him,dont back out yu will win.if u need more counsel let us know...i can direct u to a certain lawyer very experienced and hates cheating if needed.

According to Joe Igbokwe,Igbos can learn a lot from Yoruba, We must have also learned other unique things from them like sharing property to both male and female children

Read more at: http://www.vanguardngr.com/2016/07/joe-igbokwe-igbo-ethnic-bigotry-and-hate-campaigns-worry-me/

cococandy:
The other posters have said it all. Even if the law recognizes that xtupid culture that prohibits women from inheriting property, it will never and should never extend to your mom. Is he sick?
Besides he is illegitimate so he belongs with his mother's people. If he's trying to stick to outdated traditions as his justification.

Madam u are wrong ooh. Pls go and educate urself before u spew misinformation and confuse people who need help. The Nigerian supreme court has abolished that silly law the prohibits female children from inheriting properties so no courts in Nigeria will withhold such laws is the man's female children intend to fight for their right.

How wicked can people be.Valuing properties over relationship with his own sibling. my dear sister, get a good lawyer and take him to court. what nonsense!

MARKone:
The problem is that your father did not leave any will unfortunately for u guys, as the first and only son, irrespective of where he comes from, has the upper hand here.

Its a lie,if you go by tradition he belongs to his mothers family since the man never married his mother.
Rubbish lazy bastard!! Don't know why we attach so much importance to males.
If men are given an Okonjo iweala and a Joe igbokwe,which would they xhoosw.?

Agunna1:
Lawyers Please Help A Depressed Soul: What Does The Law Say?


I am a known and regular commenter on Nairaland, I created this account just for this.
Hear my story.

My dad died few years ago and in my house we are all girls. My dad has a boy (now a married man) whom he gave birth to when he was very young out of wedlock from another woman before marrying my mum. Meanwhile the boy grew up in our house, we didn't even know he wasn't our blood brother until I finished secondary school, to show you how tight the relationship was. Before my dad died from his sickness, the boy started acting up, giving people the impression that there is trouble in the family because he is from another woman, even during my dad's burial, well that's a story for another day.

My dad has only one house, 2 - 3 bedroom semi-detached flats. We are staying in one of the flats even before my dad died. Now, as my mum traveled and came back, the boy has padlocked the flat we are staying and rented the other flat to an unknown tenant.

Traditionally, they say women do not have a share in the property of a man. This traditional law does it include my mum who has been staying in that house with her husband before his death? Now, does it mean my mum and my remaining single sister ( we are all married except her) are not going to enter the house in which we have been staying over the years? Does he want my mum to stay in the bush or what? Please, what does the Law say about this type of issue? What does the Igbo traditional law and the English law say about this?

My mum never wanted to make any form of trouble initially but I think this is the height of the whole thing, and we are now ready to go to any length he wants us to go to.

Please Lawyers do you advise my mum to go to court? If the case is in the Law court, are they going to seal off the house knowing fully well that is where my mum stays?

Mods, please help move to front page. We need urgent advice asap. Interested lawyers should please contact me.

http://www.cracong.org/supreme-court-upholds-right-of-female-child-to-inherit-properties-in-igboland/

Easy bizzy. Your father probably died intestate, what you do is go to court get an injunction from the court to stop your brother from acting in capacity as a representation of your fathers property, it is inconsequential if your mom has right or not! your dad died intestate, the law of intestacy will mostly take effect here, and it doesn't state that your mom have less of a right. Apart from that she has adverse possession to the property also, so are your siblings. get a lawyer. any lawyer can sort this out in a jiffy

There is no such thing as illegitimate children except the child isnt a true child of his father. Meaning you need a dna test to label him illegitimate. Even kids who were born out of wedlock get child support enforced by court. Every child has a right to his or her parents properties except the parent has a will that says otherwise.

Your step brother has no right to lock your mum out. Usually he is the cheif heir but it still doesnt give him a right to do what he did, until your mum is no more.

Someone who could do what he did could opt for diabolical means if a court stops him. Things happen in this country and there have been cases where property tussles have led to entire families been wiped out. So dont just get a lawyer only, get down and hold on to God.. I didnt say go and dash all your money to a pastor but try and be spiritually fit because you cant tell how far he would take this.

I am not saying dont put up a fight but please thread carefully. Like someone else has said, the easiest way to solve this is get your ụmụnna involved. In my place, the king has final say over such and our custom definitely doesn't suport what your step brother did.

NwaEzefuNaMba:


How old are you? Your comment sounds childish! Must you make troubles before you can make peace with your "perceived Enemy"?

L

I should ask you how old you are cos ur comments reeks of ignorance but then I didn't expect any intelligence from someone with ur mentality.

koolguy88:
Your mum should get a letter of administration from the court. she should also get a lawyer to assist. This will protect her interest as the wife of the deceased.
she should also do a change of ownership of all your late dad's properties.

This will epp

And you think the person who changed 'locks' will just be watching while she does the change of ownership?

Are you even aware that SHE CANT change ownership of what does not belongs to her (it belongs to her husband, who happens to be the father of the man who locked the door and most likely is in possession of the documents! ) except she commits fraud?

Please stop giving 'emotional advice'.

Hi, I am keen follower of NL and have always strongly held back from making any suggestions here as i live in London but i think i am moved by your story and will stop holding back. Get a good lawyer and go to court. Marriage certificate or not, the next of kin do a dead man is his wife unless there is an express Will to the contrary. Please keep me posted and i will help as much as i can.

Regards
J

If your mum was legally and lawfully married to your late dad, then you have a good case... since the son in question was had out of wedlock and there is no Will in respect to that.. Also a female member of every family is entitled to her own share of the fathers property, so long as she is a legitimate child of the family. see the case of UKEJE v. UKEJE.. so in essence you and your siblings have a good case and your brother have no locus whatsoever to lock up the premises..

Agunna1:
Lawyers Please Help A Depressed Soul: What Does The Law Say?


I am a known and regular commenter on Nairaland, I created this account just for this.
Hear my story.

My dad died few years ago and in my house we are all girls. My dad has a boy (now a married man) whom he gave birth to when he was very young out of wedlock from another woman before marrying my mum. Meanwhile the boy grew up in our house, we didn't even know he wasn't our blood brother until I finished secondary school, to show you how tight the relationship was. Before my dad died from his sickness, the boy started acting up, giving people the impression that there is trouble in the family because he is from another woman, even during my dad's burial, well that's a story for another day.

My dad has only one house, 2 - 3 bedroom semi-detached flats. We are staying in one of the flats even before my dad died. Now, as my mum traveled and came back, the boy has padlocked the flat we are staying and rented the other flat to an unknown tenant.

Traditionally, they say women do not have a share in the property of a man. This traditional law does it include my mum who has been staying in that house with her husband before his death? Now, does it mean my mum and my remaining single sister ( we are all married except her) are not going to enter the house in which we have been staying over the years? Does he want my mum to stay in the bush or what? Please, what does the Law say about this type of issue? What does the Igbo traditional law and the English law say about this?

My mum never wanted to make any form of trouble initially but I think this is the height of the whole thing, and we are now ready to go to any length he wants us to go to.

Please Lawyers do you advise my mum to go to court? If the case is in the Law court, are they going to seal off the house knowing fully well that is where my mum stays?

Mods, please help move to front page. We need urgent advice asap. Interested lawyers should please contact me.

He has no right whatsoever to lock your mum out of your father's house.

In Igbo native law, a woman has no share of the fathers estate. However, a woman who is unmarried, can not he sent out of the father's house until she marries and if she doesn't, she lives in the father's house for as long as she is unmarried.

However, the Supreme Court of Nigeria 2 years ago abolished the Igbo law of female children not inheriting their father's properties in the case of Ukeje vs Ukeje, see link here - http://www.loc.gov/law/foreign-news/article/nigeria-supreme-court-invalidates-igbo-customary-law-denying-female-descendants-the-right-to-inherit/

While exploring avenues to deal with the case, bring it up first with your umunna and umuada.

Which part of Igbo land are you from?

There is a recent supreme Court judgement that confirms the right of female children to inherit their fathers property. I will advise you to visit the nearest law firm to take up the matter for you

Agunna1:
Lawyers Please Help A Depressed Soul: What Does The Law Say?


I am a known and regular commenter on Nairaland, I created this account just for this.
Hear my story.

My dad died few years ago and in my house we are all girls. My dad has a boy (now a married man) whom he gave birth to when he was very young out of wedlock from another woman before marrying my mum. Meanwhile the boy grew up in our house, we didn't even know he wasn't our blood brother until I finished secondary school, to show you how tight the relationship was. Before my dad died from his sickness, the boy started acting up, giving people the impression that there is trouble in the family because he is from another woman, even during my dad's burial, well that's a story for another day.

My dad has only one house, 2 - 3 bedroom semi-detached flats. We are staying in one of the flats even before my dad died. Now, as my mum traveled and came back, the boy has padlocked the flat we are staying and rented the other flat to an unknown tenant.

Traditionally, they say women do not have a share in the property of a man. This traditional law does it include my mum who has been staying in that house with her husband before his death? Now, does it mean my mum and my remaining single sister ( we are all married except her) are not going to enter the house in which we have been staying over the years? Does he want my mum to stay in the bush or what? Please, what does the Law say about this type of issue? What does the Igbo traditional law and the English law say about this?

My mum never wanted to make any form of trouble initially but I think this is the height of the whole thing, and we are now ready to go to any length he wants us to go to.

Please Lawyers do you advise my mum to go to court? If the case is in the Law court, are they going to seal off the house knowing fully well that is where my mum stays?

Mods, please help move to front page. We need urgent advice asap. Interested lawyers should please contact me.

the only time traditional laws apply is if ur mum wasnt married under the church or was only married under the traditional laws.
if she was married under the church and ur dad dies without a will then shes next in line as the successor in title followed by the children.
If shes ONLY married traditionally then the tradition of the village applies.
if BOTH the church marriage supercedes that of the traditional as prescribed under the marriage act.
so u guys have the right to use any reasonable force to eject the tenant for the simple fact the tenant is an illegal tenant arising from the fact that the step son cant give what he doesn't have.
if u guys hv the money then u hire a lawyer to handle it, dnt worry it will be resolved soon.
also check in the min of lands so as to be sure the step son didnt change it to his name or if u guys are lucky its in both ur parents name.

Agunna1:
Lawyers Please Help A Depressed Soul: What Does The Law Say?


I am a known and regular commenter on Nairaland, I created this account just for this.
Hear my story.

My dad died few years ago and in my house we are all girls. My dad has a boy (now a married man) whom he gave birth to when he was very young out of wedlock from another woman before marrying my mum. Meanwhile the boy grew up in our house, we didn't even know he wasn't our blood brother until I finished secondary school, to show you how tight the relationship was. Before my dad died from his sickness, the boy started acting up, giving people the impression that there is trouble in the family because he is from another woman, even during my dad's burial, well that's a story for another day.

My dad has only one house, 2 - 3 bedroom semi-detached flats. We are staying in one of the flats even before my dad died. Now, as my mum traveled and came back, the boy has padlocked the flat we are staying and rented the other flat to an unknown tenant.

Traditionally, they say women do not have a share in the property of a man. This traditional law does it include my mum who has been staying in that house with her husband before his death? Now, does it mean my mum and my remaining single sister ( we are all married except her) are not going to enter the house in which we have been staying over the years? Does he want my mum to stay in the bush or what? Please, what does the Law say about this type of issue? What does the Igbo traditional law and the English law say about this?

My mum never wanted to make any form of trouble initially but I think this is the height of the whole thing, and we are now ready to go to any length he wants us to go to.

Please Lawyers do you advise my mum to go to court? If the case is in the Law court, are they going to seal off the house knowing fully well that is where my mum stays?

Mods, please help move to front page. We need urgent advice asap. Interested lawyers should please contact me.

Op, did your daddy get married to your mum legally? That is,either by tradition, court or church marriage? If yes, then she has every right over her husband's property until she is gone.

Also, did your dad prepare any will before his death? If yes, then go through the will. The guy has no right over the property since your mother is alive.

Get a lawyer to handle this as you have a case.

drnoel:


Madam u are wrong ooh. Pls go and educate urself before u spew misinformation and confuse people who need help. The Nigerian supreme court has abolished that silly law the prohibits female children from inheriting properties so no courts in Nigeria will withhold such laws is the man's female children intend to fight for their right.

comprehension issues.

cococandy:
comprehension issues.

yes on ur part.

Traditionally in ibo land since your father did not marry or pay his mother's bride price, he does not belong in your father's house. He belongs in his mothers father's compound. So he has no right to claim anything.

And legally since your mother is married to your mother legally she and her heirs have the solo claim......but since he lived with you he could also claim to be an accepted child in court. What ever the case it's either the court shares it amongst all individuals, or he don't even get anything

Get a good lawyer, don't let anybody cheat you out of your father's inheritance.........that your step brother is stupid....