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Nairaland Forum / Nairaland / General / Family / The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis (50972 Views)
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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. 2 Likes 1 Share |
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: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: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: 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: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: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: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: |
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: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: 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 |
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: You are not only IGNORANT, YOU are also SHORT-SIGHTED. 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! 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: Thanks dear Am happy too.... Very happy... Thats where i got money to setup my biz. While Hes in rehab due to drugs and am still d one paying his hospital bills Hes sober nw, no more money to squander fooliishly... He now realise am his sister Its good for one to work hard and earn money.. |
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: 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: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: 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 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: 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: 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/ 1 Like |
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: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: 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. |
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: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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