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The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis - Family (4) - Nairaland

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Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by VajanahDischaj(f): 2:18pm On Jul 28, 2016
If u really don't want to be frustrated for life avoid these ;Nigerian law courts and Nigerian Police


My solution; commit everything to God, cause nature to work against him and make him restless till he turns back to retrace the right path.

As for lawyers matter, 4k dem! They work for only those heavier in pocket. It won't favour u from what I see.

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Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Dottore: 2:20pm On Jul 28, 2016
AngelAhnie:
Her brother not brother in law.
Half brother rather. Thanks
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by middlebelter(m): 2:26pm On Jul 28, 2016
Agunna1:
Thanks to all for your contributions. My dad didn't leave any WILL. My dad married my mum traditionally and Religiously. M[b]y mum is with the marriage certificate.[/b] I don't think there is any paper as regards to the house, but i will find out. He was a businessman who believed nothing will happen to us when he's no more.

Please Lalasticlala help me and move to front page.
Although am not a lawyer but from my knowledge as a professional in another field, if your mother has the marriage certificate that implies she is legally married, then the first 30% of your late father's property belongs to her, since your father died inestate. So take the death certificate and let her approach the high court for Letter of Administration. Then let your lawyer do the rest. Since the illegitimate guy decades to behave to his status, he will soon realise his stupidity.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by XX01(f): 2:30pm On Jul 28, 2016
Whilst you prepare to take him to court, go to the police and lodge a case against him.

Thus, you will follow up with a two pronged attach. One is a criminal case while the other is a civil case.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 2:31pm On Jul 28, 2016
Justdulla:


I repeat, dont drag properties with a desperate Ibo Man cos heads will roll.


Really?
Before heads roll, lock him up in jail.. He go calm down after cooling off there for like two weeks
Then secondly after his relaease from cell.
Have some army men come to the house to warn am.. He brain circuit go soft like agege bread. Then the law should share everything and case closed.
I may not have so much money like dangote , but i have friends in police , army and in d law.. No igbo man can intimidate me out of my inheritance.. I be confirm Warri babe! Nothing dey happen... U cant kick me out of.my inheritance..!

2 Likes

Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 2:33pm On Jul 28, 2016
Amelian:



Honestly it happens live!
I was so shocked, i thought i was in a nightmare. But the rebellious part of me arose, cos i dont intend to be homeless. And at the mercy of strangers.... Hell no!
I had to fight wisely for my inheritance.... That episode made me feel i must write a will , even video tape it, so there will b no fight amongst my kids.
It was a horrible period btwn us.. But thank God am hustling nd making it.
While my bro squandered his own inheritance on women and drugs.. He see free money, with no sweat...
My dear yur dad is wise in selling off everything.
wow, sorry you had to deal with a brother like that. in the end, I don't think people realize that the people who will be there for you in the long run is family.

Messing that up for one or two properties is stupid. But please sha, it is small pikin worrying him, and he is definitely listening to bad advice.

I don't know why Africans don't believe in will anyways. I guess because while they are alive they see their children getting along, but money can change a man.

Happy for you though, and glad you got your inheritance.

2 Likes

Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Yehman(m): 2:33pm On Jul 28, 2016
[quote author=Agunna1 post=47953262]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. [/quote
Don't you have umunna?
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by 2sexynet: 2:34pm On Jul 28, 2016
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 [/b]grew up in our house, we didn't even know [b]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.
There was never love among you people. The way you describe him alone, as I have highlighted shows that you never really loved him or saw him as your brother, your narrative alone depict one in which "the boy" never had a place in your heart and now he is reacting but you chose to come here to seek help. There is no smoke without fire.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Yehman(m): 2:35pm On Jul 28, 2016
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.
Don't you have umunna?
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by habax(m): 2:35pm On Jul 28, 2016
Your comment is idiotic , if you have nothing nice to say, why don't you just move on, must everything become a tribal war?
olumaxi:
I knw say na dem....our IPOB brodas...if they r not on death row in indonesia,they ll b in nigeria tryin to make anoda man's property theirs
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Richy4(m): 2:36pm On Jul 28, 2016
My people really have ways with words that are
super hurtful...calling someone Illegitimate child" at this age and era is just the height...

even the educated ones are making such mistake...Yea he was born out of wedluck, but calling him illegitimate is like calling him a "bastard"....Try "love child" next time people. That's what the world uses for people like that this age....

Op, I know u are scared of the lawyer's bill...but for u and your family to get justice and what u wanted, you really need one at this moment...

I just want to let u know that no child is illegitimate nowadays, your dad recognised him as his son when he was alive and u know it....
You and your mom need justice since your father left no will, So gather all the necessary paper and document u can find and look for a decent family lawyer....

1 Like

Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by abbeyty(m): 2:37pm On Jul 28, 2016
But the guys is a useless fellow, why doing that to a woman that brought you up ? are you sure he did not kill your dad so that he could inherit his properties. lazy cow, his mates are building mansions for their parents
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 2:37pm On Jul 28, 2016
Justdulla:


I repeat, dont drag properties with a desperate Ibo Man cos heads will roll.
pfft, all these one is small talk. This man locked someone who has been a mother to him out of the house. A married man at that. Let the police and court know, any thing happens to the mother or kids, he will be first suspect, he will chill.

The guy just needs to spend some days in kirikiri
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Opistorincos(m): 2:38pm On Jul 28, 2016
taryour:
this life sha. sorry to say op but that your step brother is an ungrateful man who has no shame. instead of him to strive and work hard to build more empires than his late father left behind. he is busy roaming claiming inheritance.


sue his dirty aSs to court please. and your mother needs to stand her ground please, IT IS HER HOUSE NOW, either she had a male son or not.

Male son? Hmm, abeg 'female son' don dey??

1 Like

Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Missmossy(f): 2:40pm On Jul 28, 2016
So painful, your stepbrother is wicked though. Such evil in his heart. You need to get to the right persons asap and I'm sure you won't be denied the justice your mom and your other siblings deserve.

2 Likes

Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by klassic(m): 2:47pm On Jul 28, 2016
First , I will advise you don't struggle properties with him especially if he is uneducated, desperate and diabolic.
Just get a flat for your mum and move out life first . Your father will deal with him from his new home.

Legally, you can approach it on two grounds, find out who your father made next of kin, you can easily get this from his banking details, in the absence of any other reference document, get a lawyer to help you process letter of administration , since your father died interstate. That automatically makes you the administratrix of your deceased fathers estate.

Secondly, I will like to know which part of Nigeria do the property domicile, and which tribe you guys are from. You can approach the court for the court to share to property or request the properties be sold and the money shared depends on what you want.
Your half brother has right of inheritance and can exercise same not withstanding the circumstances sorrounding his birth. He has an inherent right to freedom from discrimination pursuant to the 1999 constitution as amended.
Approach a lawyer , if you don't have money go to the office of the Public Defence or a female lawyer might take your case proborno depends.
I can't give you all the legal advise here . Make lawyer self chopchop grin
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by baby124: 2:47pm On Jul 28, 2016
In most countries legal wife is entitled to half and then the kids share the remaining half. He has as much right as any child in that house. Go with police, eject the tenant, change all locks on the door and let the police invite him for discussion with your lawyer present to explain to him how stupid he is. Then proceed to the court and make sure you get your own share. All of you are entitled to your father's property and he cannot sell or rent it till the court decides what is equitable. Also your mum is entitled fully to continue to leave in her legal husbands house until her death and she can will that house to anyone she likes if he died without a will.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 2:47pm On Jul 28, 2016
MasterofdRolls1:


I wont join issues with you, because DNA issue is out of the play, a Customary Court has no business with that, they determine the issue before them according to the customs and traditions of the locality they are, and if the law says that a child had outside wedlock has no right to inheritance, so is it, no two ways about it. This is not the US where they will exhume the corpse to carry out a DNA test. She acknowledged it here, does no mean she will do so in court, what a litigant pleads in her pleadings, is what the Court is bound by , unless other issues originates. And please have some decorum, mind your language when quoting me. I won't be lenient next time.

You are not only IGNORANT, YOU are also SHORT-SIGHTED. grin grin

You are the one that declared the Man to be ILLEGITIMATE but you should know that 'legitimacy' is not just said off-hand. IT IS PROVEN!
Even the dead man, were he to be alive, cannot deny responsibility, if a DNA test shows that the said male child is his biological son.

The Customary Court is still subject to the constitution of Nigeria (correct me if l am wrong) and cases like this can go as far as the Supreme Court! (Someone here has quoted you a case where the Supreme Court made a declaration on 'Inheritance by female Child'. so you know l am right).
Litigants are always open to the right of Appeal, to the highest Court of the land.

So, let us assume the said male child (whom you classed as illegitimate) decides he will fight this to the highest court in the land, do you in your warped thinking, think that the 'Law Courts' would make such pronunciation, based on heresay, or based on scientific DNA EVIDENCE that the child is borne by the deceased man?
DNA Tests are in use in our Law Courts in Nigeria, as l type this.

Are you also ignorant that 'publicly acknowledged statements' (even on Social media) can be presented as evidence in the Law Courts such that those who made them are held accountable to what they have said?

I dont usually 'do ignorant people' LIKE YOU but l am doing this as my own contribution to charity and public service less some ignorant person like you mislead the Op and others to the point when you will suddenly back-off! grin grin

And please, STOP threatening! You cant do more than rant online, biiko.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 2:48pm On Jul 28, 2016
Donlittle:
wow, sorry you had to deal with a brother like that. in the end, I don't think people realize that the people who will be there for you in the long run is family.

Messing that up for one or two properties is stupid. But please sha, it is small pikin worrying him, and he is definitely listening to bad advice.

I don't know why Africans don't believe in will anyways. I guess because while they are alive they see their children getting along, but money can change a man.

Happy for you though, and glad you got your inheritance.



Thanks dear
Am happy too.... Very happy... Thats where i got money to setup my biz. While
Hes in rehab sad due to drugs and am still d one paying his hospital bills sad angry
Hes sober nw, no more money to squander fooliishly... He now realise am his sister sad

Its good for one to work hard and earn money.. smiley
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by politicalpastor: 2:49pm On Jul 28, 2016
[ THIS IS ONE STUPID TRADITIONAL LAW I HOPE WE CAN FIGHT AND CHANGE IN THIS 21ST CENTURY. AS A MAN. ALL MY CHILDREN BE IT MALE OR FEMALE. HAVE THESAME RIGHT. I WANT TO CHANGE T HI IS LAW BEING IT IN THE PALACE OF THE KING OR. THE NATIONAL ASSEMBLY.


quote author=Agunna1 post=47953262]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. [/quote]
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Sj11: 2:49pm On Jul 28, 2016
The house might be your step brother's own according to tradition,but as long as your mother is still alive he has no reason to lock up the house,his just a lazy fool,he should go make money and build his own house.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Abagworo(m): 2:50pm On Jul 28, 2016
People distort Igbo culture a lot. The house involved if its on an inherited land from your ancestors in your village means it is exclusively the boy's inheritance alongside his sibblings cohabiting until they get married. However if the said house is in Lagos, Aba, Onitsha, Kano etc. then it belongs to your Mum till death and can be willed to whoever she desires.

That said I believe the man has been influenced by an external force and not acting out of self will. Nobody can do that with clear eyes and if indeed it has gotten this far then everyone should be careful.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by nwamehn: 2:51pm On Jul 28, 2016
taryour:
this life sha. sorry to say op but that your step brother is an ungrateful man who has no shame. instead of him to strive and work hard to build more empires than his late father left behind. he is busy roaming claiming inheritance.


sue his dirty aSs to court please. and your mother needs to stand her ground please, IT IS HER HOUSE NOW, either she had a male son or not.


Girl, u just took that word from my mouth.
@ op, that house is ur mother's house now as the only legitimate wife of the late man. Help ur mother to get a good lawyer and sue the wicked man. Since ur father left no will, so long as ur mother remains alive, both u and that ur illegitimate brother have no say in that house, only ur mother has say in that house and ur mother can evict whoever she wants and still keep whoever she wants. Even if that illegitimate boy wants that house sold but ur mother refuses, then ur mother's decision stands. Pls, leave umunna out of this, they would likely be biased and side the boy. Get a good lawyer and go to court.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by baby124: 2:51pm On Jul 28, 2016
Excuzeme:


You are not only IGNORANT, YOU are also SHORT-SIGHTED. grin grin

You are the one that declared the Man to be ILLEGITIMATE but you should know that 'legitimacy' is not just said off-hand. IT IS PROVEN!
Even the dead man, were he to be alive, cannot deny responsibility, if a DNA test shows that the said male child is his biological son.

The Customary Court is still subject to the constitution of Nigeria (correct me if l am wrong) and cases like this can go as far as the Supreme Court! (Someone here has quoted you a case where the Supreme Court made a declaration on 'Inheritance by female Child'. so you know l am right).
Litigants are always open to the right of Appeal, to the highest Court of the land.

So, let us assume the said male child (whom you classed as illegitimate) decides he will fight this to the highest court in the land, do you in your warped thinking, think that the 'Law Courts' would make such pronunciation, based on heresay, or based on scientific DNA EVIDENCE that the child is borne by the deceased man?
DNA Tests are in use in our Law Courts in Nigeria, as l type this.

Are you also ignorant that 'publicly acknowledged statements' (even on Social media) can be presented as evidence in the Law Courts such that those who made them are held accountable to what they have said?

I dont usually 'do ignorant people' LIKE YOU but l am doing this as my own contribution to charity and public service less some ignorant person like you mislead the Op and others to the point when you will suddenly back-off! grin grin

And please, STOP threatening! You cant do more than rant online, biiko.
In most cultures he is illegitimate. In the Ibo culture he is an illegitimate child which is what they are telling you. In the Yoruba culture he is not as long as he is accepted/legitimized by the father. In some countries he is not entitled to anything just like the Ibo culture. So nothing is set in stone here. It varies by culture. If they are Ibo and OP's mother married according to customary law only, that man will be judged in customary court and cannot even carry a comb from his father's house, as the father did not pay anything on his mother's head.

1 Like

Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Richy4(m): 2:52pm On Jul 28, 2016
habax:
Your comment is idiotic , if you have nothing nice to say, why don't you just move on, must everything become a tribal war?

You shouldn't have responded....That was the attention he was looking for and you gave it to him.... U should know internet troll by now...
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Rukkydelta(f): 2:53pm On Jul 28, 2016
Op take heart o
One of the reasons I can't marry a Baby-papa
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Strawman: 2:54pm On Jul 28, 2016
Agunna1...OP

There is a law update that states that the Igbo culture that stops female children from inheriting the dead father's property is now null and void.

Supreme Court Upholds Right of Female Child to Inherit Properties in Igboland

FEMALE CHILD HAS RIGHT TO INHERIT FATHER’S PROPERTY IN IGBOLAND – SUPREME COURT


The Supreme Court has voided the Igbo law and custom, which forbid a female from inheriting her late father’s estate, on the grounds that it is discriminatory and conflicts with the provision of the constitution.

The court held that the practice conflicted with section 42(1)(a) and (2) of the 1999 Constitution. The judgment was on the appeal marked: SC.224/2004 filed by Mrs. Lois Chituru Ukeje  (wife of the late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje against Mrs. Cladys Ada Ukeje (the deceased’s daughter).

Cladys had sued the deceased’s wife and son before the Lagos High Court, claiming to be one of the deceased’s children and sought to be included among those to administer their deceased’s father’s estate.

The trial court found that he was a daughter to the deceased and that she was qualified to benefit from the estate of their father who died intestate in Lagos in1981.


The Court of Appeal, Lagos to which Mrs. Lois Ukeje and Enyinnaya Ukeje appealed, upheld the decision of the trail court, prompting them to appeal to the Supreme Court.

In its judgment last Friday, the Supreme Court held that the Court of Appeal, Lagos was right to have voided the Igbo’s native law and custom that disinherit female children.

Justice Bode Rhodes-Vivour, who read the lead judgment, held that “no matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her later father’s estate."

“Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.

“The said discriminatory customary law is void as it conflicts with Section 42(1) and (2) of the Constitution. In the light of all that I have been saying, the appeal is dismissed. In the spirit of reconciliation, parties to bear their own costs,” Justice Rhodes-Vivour said.


Justices Walter Samuel Nkanu Onnoghen, Claral Bata Ogunbiyi, Kumai Bayang Aka’ahs and  John Inyang Okoro, who were part of the panel that heard the appeal, agreed with the lead judgment.

Female children now have the right to inherit their late father's property too. Anybody violating that right is lawfully wrong.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 2:55pm On Jul 28, 2016
klassic:
First , I will advise you don't struggle properties with him especially if he is uneducated, desperate and diabolic.
Just get a flat for your mum and move out life first . Your father will deal with him from his new home.

Legally, you can approach it on two grounds, find out who your father made next of kin, you can easily get this from his banking details, in the absence of any other reference document, get a lawyer to help you process letter of administration , since your father died interstate. That automatically makes you the administratrix of your deceased fathers estate.

Secondly, I will like to know which part of Nigeria do the property domicile, and which tribe you guys are from. You can approach the court for the court to share to property or request the properties be sold and the money shared depends on what you want.
Your half brother has right of inheritance and can exercise same not withstanding the circumstances sorrounding his birth. He has an inherent right to freedom from discrimination pursuant to the 1999 constitution as amended.
Approach a lawyer , if you don't have money go to the office of the Public Defence or a female lawyer might take your case proborno depends.
I can't give you all the legal advise here . Make lawyer self chopchop grin

Thank you for this summary.

At the bolded:
The Op said her father and Mother are NOT legally married, in her previous post. She wont be an 'automatic' Next-of-Kin except the father has stated so in a document, when he was alive.

Also, The letter of Administration IMO, would NOT make a younger sibling the the Administrator of a deceased estate (where other older Siblings are also available and contesting it) as that would be against any principle of equity and natural justice rather, the Court will APPOINT INDEPENDENT ADMINISTRATOR(S) who would see to the proper sharing of the Estate.
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Guyman02: 2:56pm On Jul 28, 2016
Onegai:
If your parents were married legally, she can take your step-brother to court and get him to sell the house and divide the profits equally or settle for living there for the remainder of her life. There was a court case not too long ago about an Igbo lady who took her siblings or uncles to court to inherit and she won. So there is precedence. You need a good lawyer who specialises in these things.

Yes you are right and let me add as an Igbo man myself:
Go and read the judgement given by the Supreme court on the matter and now accepted by council of Ohaneze in Igboland that female children and wife all have equal share in their fathers estate where the man dies interstate except where there is a written will.
Your mum should in charge of that property and share the proceeds accordingly at her discretion to all the children.
If Igbo elders have accepted that judgment as an amended 'omena'ala', then your brother can longer make reference to that aspect of our culture which we have agreed is unfair to our daughters and wives.

Read the news here and look for a copy of this judgement.

The first judgment was on an appeal marked: SC.224/2004 which was filed by one Mrs. Lois Chituru Ukeje, (wife of late Mr. Lazarus Ogbonna Ukeje) and her son, Mr. Enyinnaya Lazarus Ukeje. The duo entered the appeal against Mrs. Gladys Ada Ukeje

Read more at: http://www.vanguardngr.com/2014/04/inheritance-supreme-court-voids-discrimination-females-igboland/

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Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Fourwinds: 3:00pm On Jul 28, 2016
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.
It is only a lazy son dat will fight his sibling over fathers properties...


a stu..pid man sleep all d nite thinking about his father's wealth...what happens to his hands....cannt they work....


I'm ashame a man in this modern day still reason like you.

2 Likes

Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 3:01pm On Jul 28, 2016
baby124:

In most cultures he is illegitimate. In the Ibo culture he is an illegitimate child which is what they are telling you. In the Yoruba culture he is not as long as he is accepted/legitimized by the father. In some countries he is not entitled to anything just like the Ibo culture. So nothing is set in stone here. It varies by culture. If they are Ibo and OP's mother married according to customary law only, that man will be judged in customary court and cannot even carry a comb from his father's house, as the father did not pay anything on his mother's head.

First, I am NOT talking about CULTURE........ l am referring tot he CONSTITUTION and LAW of Nigeria which superceeds any local culture.

Secondly, it is not up to ANY FATHER, Yoruba, Ibo, Hausa or even Japaneese, to Accept his own BIOLOGICAL CHILD. Once a DNA test proves PATERNITY, that is it. IT IS ESTABLISHED UNDER THE LAW.

Those people 'telling me' are ignorant of the law and that is the only thing at play here.
The Police man you'all are asking her to report to, the Law Court you are asking her to take him to, are all GOVERNED and BOUND by the Constitution of the Fed. Republic of Nigeria (1999).
You cant pick and chose when to obey the law or which part of the law suits your fancy. undecided
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by baby124: 3:04pm On Jul 28, 2016
Excuzeme:


First, I am NOT talking about CULTURE........ l am referring tot he CONSTITUTION and LAW of Nigeria which superceeds any local culture.

Secondly, it is not up to ANY FATHER, Yoruba, Ibo, Hausa or even Japaneese, to Accept his own BIOLOGICAL CHILD. Once a DNA test proves PATERNITY, that is it. IT IS ESTABLISHED UNDER THE LAW.

Those people 'telling me' are ignorant of the law and that is the only thing at play here.
The Police man you'all are asking her to report to, the Law Court you are asking her to take him to, are all GOVERNED and BOUND by the Constitution of the Fed. Republic of Nigeria (1999).
You cant pick and chose when to obey the law or which part of the law suits your fancy. undecided
In all cultures and all countries you are only legitimate if your father married your mother. You can be a biological child and still illegitimate. If your mother is a baby mama you are illegitimate as your father did not legitimize your birth by marrying your mother. That is the law everywhere in the world, even in bush cultures. Otherwise marriage will not be so important. It protects children the most in cases of inheritance. As a matter of fact most illegitimate children may not be entitled to equitable share of property, but it depends on the jurisdiction and the country. The le protects first the wife and the legitimate children.

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