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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 (51569 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 hoodua467(m): 3:06pm On Jul 28, 2016 |
Cultural clash, the posting suggest that you and your sisters believe he has no right because he is "illegitimate" . He is probably paying back! Who defines legitimacy? This term is common among those who called themselves "Christian" . THAT belief is unscriptural because the Lord is the giver of life. There is no accident in God. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by oshaosha2014(m): 3:08pm On Jul 28, 2016 |
I think it is unfair what the guy is doing. no respect for the step mum. that's very very bad. go to court and get your share since he's not going to be gentlemanly about it. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 3:10pm On Jul 28, 2016 |
Abagworo: Abagworo, The wife/Mother has a Right (where they are legally married) to live in the house (if it is not willed to her expressly in a WILL) but OWNERSHIP is not hers! That 'right to live' is passed own to her as the 'wife of the owner' of the property but it does not translate her to being or becoming the 'OWNER' of the property. She is just like any of the children, with a right to 'A PORTION' of the inheritance. Since she does not have FULL OWNERSHIP (as stated in any 'Deed', preceeding the Man's death), she cannot WILL as she desires, what does not belong to her, ab initio. Two things can happen: a) She is allowed to live there till her death and after her death, its now shared amongst the children. (this is based only on "goodwill" of ALL the Children) b) The sharing takes place IMMEDIATELY and she can live in her own portion and/or that of her own children. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by muller101(m): 3:10pm On Jul 28, 2016 |
taryour:did u just type MALE SON? |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by sourcecode99(m): 3:13pm On Jul 28, 2016 |
Justdulla:Are you the step-son in question or his agent?. Not everyone is a coward that take to their heels in the face of adversity. Don't comment if you have nothing tangible to say. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 3:14pm On Jul 28, 2016 |
hoodua467: At the bolded: NOBODY defines legitimacy! if somebody is allowed to define it, you can bet they would do it to sooth their self. THE LAW/CONSTITUTION defines Legitimacy and the law has said all child, irrespective of the circumstances of their birth (which by the way, they have no hand-in) ARE LEGITIMATE. As long as the paternity of such child is not in doubt, and if it is, a DNA Test comes to the rescue. SIMPLE! 1 Like |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by baby124: 3:14pm On Jul 28, 2016 |
Excuzeme:Lol, where are you getting your own interpretation? You think you can eject a man's legal wife from his own house when he doesn't have a will because you want money? Goodwill? The fact that he did not will it to anyone means it passes to her and she has a right of abode till her death, and because she has lived there permanently in peace with her husband all legal rights on the property pass to her. Even as a squatter if you live on a property long enough without interruption by the owner you could fight in court with the owner for ownership of property. You are really unaware of the rights that come with marriage sha. Lmao. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by achicares(m): 3:16pm On Jul 28, 2016 |
NwaEzefuNaMba: Nonsense. Did the step brother tell you that, he in needs peace. And family is she splitting? The same family, she's fighting for; her sisters and her mother. ( that's her family) Your advice is good, but not in this type dispute. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 3:22pm On Jul 28, 2016 |
baby124: Go back and read my post again! You will see where l included the 'CLAUSE' of being legally married. If that is the case (legally married) she is the Next-of-Kin but it still not her house because the Children are also entitled to inherit their father, in the ABSENCE of a WILL. Most of you are mixing OWNERSHIP, RESIDENCY (to reside there-in) LEGAL MARRIAGE and 'legality' of Marriage/paternity, together! All these phrases are man different things and grant different rights to the people concerned, under the LAW. \ Most of what you wrote up there are borne out of EMOTIONS..... not based on any law, except you can cite such law. You can live in a place for fifty years, if its not yours and DEED of ownership ha snot been passed to you, its still not yours. But 'emotionally' we Nigerians will say: Haaa, he has been living there all this while now, that house should be his! But the court will just ask to see the "Deed of Ownership" and read out the name of the owner! Just like that. The law is blind and not emotional. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by klassic(m): 3:23pm On Jul 28, 2016 |
Excuzeme: I made reference to banking document or any other document showing the next of kin. She said also that the parents we legally married ,I.e church wedding . And in church wedding , two certificates are usually given or one at times. But mostly the statutory certificate issued by the marriage registry to a licensed church. And she went further to state that the certificate is with her mum. And from my experience in divorce proceedings, the statutory certificate is usually given to the women and not the men. I drew my conclusion from the above mentioned. In the absence of the above stated, you are absolutely correct. I will prefer they ask the court for an order to sell the properties so that peace can reign. In the interim, for an interim injunction restraining the half brother from collecting rents , managing and or interfering with the management of the res pending the determination of the substantive suit. That the court should appoint a property manager to manage the property pending the determination of the suit. In the way status quo ante can be maintained . |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by JustHere2Observ(f): 3:23pm On Jul 28, 2016 |
Wow, which tradition says a woman has no share in a man's property? Where I come from its not like that oo, he is the one with no right as such since his mother is not a legal wife. Una better fight for what is yours. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by donvicky2007: 3:25pm On Jul 28, 2016 |
Agunna1: my dear am not a lawyer but I have the Nigerianconstitution mobile app on my phone, and the first page (supremacy ofconstitution) says that the Nigerian constitution is supreme against any other laws within the Nigerian territory, Please go to court cox He has breach your Right of private and family life.
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Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by sotadegrt(m): 3:26pm On Jul 28, 2016 |
At dis juncture, it has become imperative hitting the nail on the head. Even if d world brks, fact remains that we are in a man's world. We cannot trade away our dear culture for some western babaric shit called law. Analysing d issue critically without fear or favour, it seem there has been a lingering family feud. Ur father should have seen dis coming nd shud hav opted for a will. U and ur sis wit ur mum on ur part should hav accorded d boy his deserved respect so as to wash away such evil thought frm his mind. In my urhobo custom here, d boy has no right to chase ur mother frm d house since it is nw his duty to take care of ur mother nd automatically becoming a step dad to u. Houses nd land are nt shared to females in urhobo custom because after their demise, their sons nd daughters(anoda man's children). wil nw cum nd b forming jamesbond. D boy goofed big time padlocking the door nd trying to chase ur mother away. D family should step in, else....... Waiting for some persons to cum tel me hw backward i am irrationally |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by baby124: 3:27pm On Jul 28, 2016 |
Excuzeme:You can't eject a man's legal wife from their jointly occupied property anywhere in the world. Except the deceased wrote in a will that you should. Even at that the woman can fight it in court and win. There is nothing like deed this and that, that is why even if the couple divorce and title is under ones name, they decide to either sell and split the proceeds equitably or one spouse owns the house. Because for those years she lived there, she contributed to the maintenance of that house. Whether through tax or the bills. How do you place value on the non owner spouses contribution to such property? If it is another property that was not occupied by the couple then you have a point. But you cannot eject a man or woman's spouse from a property owned and occupied by them. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 3:27pm On Jul 28, 2016 |
Amelian: The above are all rooted in ILLEGALITY! have you for a second think: What if he has more Army + Navy that you? What if he has more Police than you? What if he is really one of those Mad men on rampage but still wearing Cloth? Best bet is to approach the Court and do EVERYTHING LAWFULLY. ofcourse, we should not just allow people to take what belongs to us, from us. Even if it is just a box of matches sef. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by manny4life(m): 3:28pm On Jul 28, 2016 |
NwaEzefuNaMba: Forgive me when I say this is arrant nonsense. Traditional rights can NEVER supersede constitutional right. I can understand if the property in question is the father's birth place, then yes, women do not inherit it. Other than that, no tradition in Igbo land, at least where I come from would stop the court from issuing orders and enforcing it if they have to. Late Ojukwu's family is a case study where tradition has its limit. Apparently her step brother is the one starting all these chaos, if he knows too well that's he's no legitimate by law and who knows, maybe by tradition also, then he would refrain from parading himself as rightful heir to the property. 1 Like |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by odogwu9(m): 3:29pm On Jul 28, 2016 |
My dear..I think you should go get a lawyer..They guy is taking matters into his hand..I hope ur dad left a will..Cos dat will settle a lot of issues..Meanwhile get a lawyer...this is completely unfair ..gross wickedness |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Guyman02: 3:34pm On Jul 28, 2016 |
taryour: Abeg correct this gbagaun! I know that you are not a product of Oluwole grammar school |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 3:39pm On Jul 28, 2016 |
baby124: You mean you dont know what a Deed is? It is Title/Ownership document, for a property. All properties will come in a NAME or name of a "LEGALLY MARRIED" couple. What you are talking about above, has to do with when the Husband and Wife are DIVORCING... and property needs to be split. In the current case (based on what Op said):, a.) the House belongs to her father (So, DEED is in his name). b.) The Man did not marry any of the two women that bore him child/children LEGALLY (So, none can claim next-of-kin except if a document shows that) c.) Children are entitled to their inheritance, where the owner/father dies intestate. Any of the Mothers cannot lay claim to the property, except there is a WILL which says so. Dont mix-up a divorce/ancillary proceedings with Inheritance laws |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by gare(f): 3:42pm On Jul 28, 2016 |
Agunna1: Before you go to court, if your mum was staying there let her get the police and break the lock, I don't understand what you guys are saying if some locks you out of your house? What will you do, is to go to court, you get the police involved first, that is trespassing, it has not reach the court level, break the lock and move into your house, there's not like Igbo tradition here. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 3:42pm On Jul 28, 2016 |
people keep asking about Will,please are you people Nigerians living on Nigeria?, firstly some people don't even know what a will is,another set thinks writing a will is like signing your death warrant, and another set thinks that will is for wealthy men, so most Nigerians don't write wills, and as for the matter, op let the elders in your father's family intervene, if the issue is not handle to your satisfaction, then court it is,since your mum has a marriage certificate, then she has a case |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Greenlandncom(m): 3:44pm On Jul 28, 2016 |
Agunna1: Kindly contact the head of this group, you will have good advice or possibly free and quality service on this case. https://m./133527986816712?multi_permalinks=619133088256197¬if_t=group_highlights¬if_id=1469524019719175&ref=m_notif |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Innomach(m): 3:48pm On Jul 28, 2016 |
NwaEzefuNaMba:Said who? Yes, I can agree with you that peace and understanding remain the best option to solve this kind of problem. But what if the guy in question rebuff all entreaties? Every law made by the ancestors that are seen to be discriminatory should be abolished. I am an Igbo man, the first and only son from the first wife. I am entitled to inherit everything as the custom demand. But I left everything for my other siblings because I want to be an example to others. 1 Like |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by baby124: 3:52pm On Jul 28, 2016 |
Excuzeme:I know what a deed is, I have several. But when there is joint occupancy by a couple who are legally married. Their marriage rights are considered first. Now, the owner of the property by all accounts would have wanted his wife to have full possession and occupancy of the house as he did not expressly state otherwise. So where in the world will you even get legal support through the courts to throw one's spouse out of their own house I am not mixing divorce and inheritance, I am making you understand that is is difficult even in a divorce to just throw out a spouse that has lived with you and jointly occupied a residence, not to talk of inheritance without a will. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by dadaijboy: 3:53pm On Jul 28, 2016 |
Wicked brother |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by don4real18(m): 3:55pm On Jul 28, 2016 |
where do you reside |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 4:00pm On Jul 28, 2016 |
klassic: At the bolded Sir: You are Wrong! No where did she say that they were married under the "Marriage Act" of the Federal Republic of Nigeria otherwise called Legal/Registry marriage. I agree, other bodies do issue marriage Certs but non can replace the Registry marriage (marriage under the "Marriage Act" because that is the only one under the Marriage Act, making it a LEGAL document. Some issues cannot be pursued in a court of law, where the originating document is not backed in law. Most divorce laws are applicable ONLY if you are married under the Marriage Act. For example, Bigamy. A man married under Traditional/Church wedding cannot be pursued for Bigamy (if he marries a second wife), in a law court. I have reproduced her post below, for your kind attention. Both the husband and wife are also issued with the Certificate, not just the wife, be it the 'Nisi or the Absolute' Agunna1: |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 4:03pm On Jul 28, 2016 |
Abiagirl777: Abi o. Linda ikejis father is living like a king in his village & living in a mansion in banana island. It wasn't a son dt transformed his life. Nonsense. As if women are not human beings created by God. 1 Like |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by MasterofdRolls1(m): 4:09pm On Jul 28, 2016 |
Excuzeme: You don't get the gist of the case, because you sound just like the bastard that came to usurp the inheritance of others. 1 Like |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 4:13pm On Jul 28, 2016 |
baby124: The bolded again, is your assumption! (Based on what you will like to happen) How would you/did you know what the dead man would have wanted? Because he did not sate otherwise, does not mean he could not want otherwise. For example, have you never seen/heard of Wills where the man willed everything to his relation (Not even his children), excluding the wife? The LAW does not ASSUME what is not STATED/PLEADED! That is why everyone is encouraged to have a WILL otherwise, the law will just distribute the property as EQUITABLY as it can, among all the beneficiaries. When a Property is being SHARED , as part of an INHERITANCE proceeding, it is not how long you have lived there that is considered. In order of priority, a) Contents of the WILL left by the owner b) If Intestate, Survivors (immediate family First) c.) Other extended family members who also will lay claim. Now, if it is Divorce proceedings, The Husband and Wife are considered "joint owners" and ALL ASSETS, (including what is owned by the wife) are put in a SINGLE POT and SHARED! The relationship between the Husband and Wife is different from that between the Children and Wife of the deceased. The same laws dont operate on both. I dont know how l can make you understand and see the difference between what you want/desire, and what is obtainable at law. read what others have written on the same issue, for more insight. Thank you for your responses. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 4:16pm On Jul 28, 2016 |
. |
Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 4:17pm On Jul 28, 2016 |
MasterofdRolls1: Hahahhaa, l told you! You are allowing EMOTIONS to becloud your reasoning, an ignorant one for that matter!. Why are you developing hypertension and frothing from both sides of the mouth, over another man's problem. [size=12t]Just Gerrahhea and dont spray me with your rabid, infected saliva.[/size] |
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