Then the properties belongs to your father if you are sure of what you are saying and not just a hear say from your dad to your mum.... If you are sure of what you are saying they belong to your dad but you also have to be careful especially during the and after burial.

Alexas58:

He single handedly bought them and they are all in his name..

dondemex:
Cc: alexas58
I hope you heed to this advise go to any barracks or if you have a military friend.. Hire few soldiers and let them scare that your uncle whenever he tries nonsense .. Get a notice board and write military zone keep off. Put it on the fence or anywhere people will see it when they pass the land.
If he is still proving stubborn which I know he can't let me know..

My mother's elder brother is a military man..we don't want to use force in him now

You need pure gbetu gbetu from ijeda before it is too late

sinceraconcept:
but let me ask you something. assuming your father's properties were worth billions of dollars,would you still ignore?

that I will ignore or not doesn't mean op should follow suit. I have spiritual fortifications, I don't knw if he does too so I can't encourage him to his early grave.

chrisxxx:
U may not have said the truth or it could be that u did not know. For your dad to train your uncle means that the margin of their age difference is much. This taken property that your grandfather owned would have been kept entirely under the control of your dad without the contest of the younger one your uncle. Training him does not deny him right to his dad's property which your own dad would have held in trust.
Investigate this properly it might be what your Uncle is agitating for in which case he is right.

I'm training my younger brother and not more than 5 yrs older than him and didn't inherit shishi from my father. Things don't just work that way.

AreaFada2:


Please clarify this. Did your grandfather leave land and other assets when he died? If yes did your dad's siblings get a share of your grandfather's properties?
Depending on your local culture, if your dad inherited all of your grandfather's your uncle might well be entitle to a share of it. And indeed your aunts if any.
Because if your granddad's wealth was shared already, your uncle has no entitlement to your dad's assets.

This is something many father's do not anticipate when alive: siblings can make life difficult for wife & kids once dead. There should always be a will and existing disputes over family inheritance not postponed.

Chiwetalu Agu's common portrayals in Nollywood films do happen in real life.

He has already answered all these questions. Try and read from the beginning before contributing

yvelchstores:
that I will ignore or not doesn't mean op should follow suit. I have spiritual fortifications, I don't knw if he does too so I can't encourage him to his early grave.

ha ha ha. tell me how you got the spiritual fortification . your mummy used to take you to babalawos for incisions abi?

Alexas58:
Please do something about this..cos my fathers family is ganging up against us!!
How can we make my uncle stay away from my fathers possession while they have not buried him,because that's a major concern for them to burry him
N/b.this my major concern for them to bury him without causing any problem in the family

Which state are you from?

May God help us with this inheritance problem. Lazy uncle. Does not want to struggle for himself. Waiting to inherit what he did not work for. If you dad was married to your mum legally in court, get a lawyer to start a proceedings immediately. Also try and find out if your dad made his will before his death.

efavour:
I'm training my younger brother and not more than 5 yrs older than him and didn't inherit shishi from my father. Things don't just work that way.

The age I mentioned is just for emphasise saje. Anybody can train anyone. My younger ones contributed in seeing me through the university.

cooljoe:
u sim to lack d ability to read and understand. I didn't say native law doesn't apply. yes it does and can apply only nd only if d tests are past - d example u gave about a yoruba native law won't draw any water cos ts repugnant to principles of equity, fairness and good conscience. rather than "educate" yourself, u started talking about "repugnance" like somtn non-existent when it's in fact trite law. tell me u talking law when u don't know jack about it. Cos knowing dose test r pretty basic jst like s1(1) of CFRN. enjoy d rest of ur day. we are done here

My learning learned friend.
Do you now accept that it is settled that in Yoruba Customary law women cannot inherit their husband's property if they married under customary law?
Do you accept that this was not considered "repugnant" by the Supreme Court

So they shouldn't count on dad's properties but the dad's brother should?

Yes their father having property should not stop them striving for theirs, but that in no way means the brother is entitled to the property.

NwaAmaikpe:



Your uncle is still family.

Your mom shouldn't be stingy, she should give him some properties. That's exactly what your late dad will have done for his brother.
After all, you said he isn't doing so well now.

She should give him some.
Just like your dad died to leave them, he will too.
Life is vanity upon vanity.

I'd also advice you guys strive hard for yourselves and don't count so much on your dad's properties. He worked for them, work for yours too.
They are just a bonus and not the principal.

People have been misusing the term "legally married" repeatedly.

Please tell me who is "Illegally" married?

If you marry under Native law or Sharia law you are legally married
If your marriage is contracted under the Marriage Act in court there are different rules yes but it is a misuse of language to refer to this scenario as "legally married". All lawful marriages are legal
Leaving that to one side.
The order of disposal is as follows assuming there is a marriage
1> Is there a valid will
yes? Follow the will
No proceed to 2
2> what kind of Marriage
Marriage Act
Sharia Law
Customary Law

If you are married under the Act when the estate is subject to the administration of estates law
If you are married under Sharia or customary Law then those laws will apply


Section 49(1) of the Administration of Estates Law states that, the estate of a person who died intestate shall be distributed in the following manner; the surviving husband or wife shall take the personal chattels absolutely and in addition the estate (excluding personal chattels) shall be charged with the payment of a net sum of money equivalent to the value of one third of the estate, free of funeral expenses, to the surviving husband or wife plus interest from the date of death at the rate of 2½ % per annum until paid or appropriated and subject to providing for that sum the estate (excluding personal chattels) shall be held as follows; (a) one-third upon trust for the surviving husband or wife during his or her lifetime and subject to such life interest, on the statutory trusts for the children of the deceased; and (b) two thirds on the statutory trusts for the children of the deceased.


If on the other hand Customary law applies then this varies from place to place but generally wives have few proprietary rights but may have some possessor rights for example if she occupies a property she may continue to occupy it (subject to good behavior (Onitsha and nearby) but may not alienate(sell) the property.
Generally children have more rights than their mothers. In fact in Yoruba land wives have no inheritance rights and may be considered part of the estate to be inherited. The so called "levirate marriage"
Though traditionally male children may be treated differently from their sisters this is not the case in Yoruba land where daughters have equal inheritance rights as sons
and a recent Supreme Court Judgment about daughters' inheritance rights in Igboland may change the picture

In this case here it( I assume native law marriage?) depends on the extant native law as to whether siblings of the deceased have any share in his estate when he dies intestate

sinceraconcept:
ha ha ha. tell me how you got the spiritual fortification . your mummy used to take you to babalawos for incisions abi?

my powers are from the Holy spirit. I can do and undo.

Alexas58:
Please am in need of advices here

My dad has a younger brother whom he trained to the university before he died, being his only brother!
My dads father died when he finished secondary school and my dad was the only one that the family could look up to. So he did some jobs, got some money and trained his younger brother to the university level..

My uncle graduated 10 years ago and nothing to show of it.. My father tried giving him a work to do in a bank, he refused the work and started having problems with my father.

Fast forward now my dad is late, has left behind some kids which are in the university and others are still attending school.

Instead of my uncle to put hands with my mum and burry my father, he is busy dragging my mum to the village that they should share some of my father's property with him, saying that my dad never did anything for him, meanwhile my dad trained him to the University which he never did to any of his children before he died.

Please..my need for posting this is to know if there is any place or anywhere that says that my Uncle must inherit a part of my late father's property, because its part of this property we the children are going to use and establish ourselves and my dad gave a wish that nobody should sell any of his lands while on the sick bed!

Please which legal backing and traditional backing can we use to prevent my uncle from going near that land!..because that land is worth hundreds of millions of naira now!!
Thanks


Please I need solutions too..because we are suspecting him of killing my father because of all his actions!...

Thanks

my broda leave all these long story,js rush down to OPM@doctorJesuscityaluuPh n reset his brain,is either he leaves u guys to enjoy peace n u family/confesses or olaa

yvelchstores:
my powers are from the Holy spirit. I can do and undo.

keep deceiving yourself. who doesn't have that one in Nigeria? even the south Africans that got killed in TB Joshua's quarter had it before they came for religious course. just confess to me you're emere or ogbanje . Of the mama ke

Alexas58:
Please do something about this..cos my fathers family is ganging up against us!!
How can we make my uncle stay away from my fathers possession while they have not buried him,because that's a major concern for them to burry him
N/b.this my major concern for them to bury him without causing any problem in the family

Whether you like it or not they will come for the properties and sell them. That court order will not hold, this is Nigeria, and even if it does they can raise an appeal and this case could linger on till you too become a father and your kids are in the universities. It's either you beat them at their game or loose all your father's work. The man is dead now, and I believe that land is not the only property he has. You said it's worth hundreds of millions now, you and your mom should sell it, relocate and take the documents of his other properties with you. Your father is dead and there's nothing that can be done about it. I was in a position like this and if I had known I would have done so. Since its that land they're after make it vanish, sell it to someone they dare not raise their voice against. A strong politician or tough guy, or maybe a company that you can convince with the legal documents that the land is your father's. Then relocate from there. That money won't only make you guys comfortable while your father is gone but will also provide you guys enough financial power to fight them. Don't let sentiments of entitlement make you loose everything

sinceraconcept:
keep deceiving yourself. who doesn't have that one in Nigeria? even the south Africans that got killed in TB Joshua's quarter had it before they came for religious course. just confess to me you're emere or ogbanje . Of the mama ke

its ok. Thank God u said I am deceiving myself not u. Have a nice life.

Alexas58:
Please am in need of advices here

My dad has a younger brother whom he trained to the university before he died, being his only brother!
My dads father died when he finished secondary school and my dad was the only one that the family could look up to. So he did some jobs, got some money and trained his younger brother to the university level..

My uncle graduated 10 years ago and nothing to show of it.. My father tried giving him a work to do in a bank, he refused the work and started having problems with my father.

Fast forward now my dad is late, has left behind some kids which are in the university and others are still attending school.

Instead of my uncle to put hands with my mum and burry my father, he is busy dragging my mum to the village that they should share some of my father's property with him, saying that my dad never did anything for him, meanwhile my dad trained him to the University which he never did to any of his children before he died.

Please..my need for posting this is to know if there is any place or anywhere that says that my Uncle must inherit a part of my late father's property, because its part of this property we the children are going to use and establish ourselves and my dad gave a wish that nobody should sell any of his lands while on the sick bed!

Please which legal backing and traditional backing can we use to prevent my uncle from going near that land!..because that land is worth hundreds of millions of naira now!!
Thanks


Please I need solutions too..because we are suspecting him of killing my father because of all his actions!...

Thanks

secondly OPM has a team of legal adviser who fights 4 women whose husbands are dead,draggn of properties etc,so while u handle d spiritual aspect,d lawyers handles d physical aspects,

Frenzy007:
Please explain to me.I have an Aunt who has a male child for her fiance but he died in febuary and the family has been threatning to kill her and all that but please can that letter of administrator work for her since she is not married to him but have a child

Does the property of the dead fiance have an administrator already? One is only confirmed as an administrator after the court process in the succession cause. Its also not a permanent position. Secondly, the administrator cannot include new beneficiaries after the court has confirmed the grant of administrator. His/her job is limited to the people identified in court.


If not there was no court process, Your aunt should initiate the succession proceedings as the guardian of the child. The right to inheritance first belongs to the child. If there is no child, it moves to parents, siblings, and so forth acording to degree of relation.

In this case, the court could skip the child if the relatives hid the fact that the deceased had a child. The grant of letters of administration can be reversed if the court finds that he was not identified during the process.

She should go to court and file the forms, or find out if the relatives have already done so and excluded her son, which would dictate that she seeks to join in proceedings.

If there was a case already and her child was not involved, she should still, go back to court and apply that the grand be revoked because they hid a beneficiary from court. Then the process will start afresh. But here, considering they were not married, she may need to prove that indeed her son belongs you the deceased

AaW[aaaW££quote author=Muafrika2 post=62572672]
Does 221the property of the dead fiance have an administrator already? One is only confirmed as an £administrator after the court process in the succession cause. Its also not a permanent position. Secondly, the administrator cannot include new beneficiaries after the court has confirmed the grant of administrator. His/her job is limited to the people identified in court.


If not 2££there was no court process, Your aunt should initiate the succession proceedings as the guardian of the child. The right to inheritance first belongs to the child. If there is no child, it moves to parents, siblings, and so forth acording to degree of relation.

In this case, the court could skip the child if the relatives hid the fact that the deceased had a child. The grant of letters of administration can be reversed if the court finds that he was not identified during the process.

She should go to court and file the forms, or find out if the relatives have already done so and excluded her son, which would dictate that she seeks to join in proceedings.

If there was a case already and her child was not involved, she should still, go back to court and apply that the grand be revoked because they hid a beneficiary from court. Then the process will start afresh. But here, considering they were not married, she may need to prove that indeed her son belongs you the deceased [/quote]she has gotten a lawyer since and they are trying to get the letter of administrator but the lawyer said they need one of the family members to sign.But these people are wicked,they dont care about their child son atall they even sent someone last week to threaten her to drop the case.What am asking is what chance does she have and must a family member sign and yes the child is the deceased son.

Frenzy007:
AaW[aaaW££quote author=Muafrika2 post=62572672]
Does 221the property of the dead fiance have an administrator already? One is only confirmed as an £administrator after the court process in the succession cause. Its also not a permanent position. Secondly, the administrator cannot include new beneficiaries after the court has confirmed the grant of administrator. His/her job is limited to the people identified in court.


If not 2££there was no court process, Your aunt should initiate the succession proceedings as the guardian of the child. The right to inheritance first belongs to the child. If there is no child, it moves to parents, siblings, and so forth acording to degree of relation.

In this case, the court could skip the child if the relatives hid the fact that the deceased had a child. The grant of letters of administration can be reversed if the court finds that he was not identified during the process.

She should go to court and file the forms, or find out if the relatives have already done so and excluded her son, which would dictate that she seeks to join in proceedings.

If there was a case already and her child was not involved, she should still, go back to court and apply that the grand be revoked because they hid a beneficiary from court. Then the process will start afresh. But here, considering they were not married, she may need to prove that indeed her son belongs you the deceased she has gotten a lawyer since and they are trying to get the letter of administrator but the lawyer said they need one of the family members to sign.But these people are wicked,they dont care about their child son atall they even sent someone last week to threaten her to drop the case.What am asking is what chance does she have and must a family member sign and yes the child is the deceased son.

It seems she is trying to include the rest of the family in the process. She should go ahead without them. They will join it with their objections later.

aribisala0:

My learning learned friend.
Do you now accept that it is settled that in Yoruba Customary law women cannot inherit their husband's property if they married under customary law?
Do you accept that this was not considered "repugnant" by the Supreme Court

The person you quoted is right Sir. Customary Law is enforceable in Court ONLY if it satisfies the following 3 tests of validity:
1. It must not be repugnant to the rules of natural justice, equity & good conscience. E.g Customs that encourage slavery, or killing of twins e.t.c.
2. It must not contradict or conflict with any statutory law in force.
[Note that the Yoruba custom you stated goes against this 2nd test of validity. This is because it contravenes the provision of the supreme law of Nig., that is the Constitution, which prohibits discrimination based on gender]
There are a numb. of Supreme Court case laws in support of that position of the law Sir.
3. It must not be contrary to public policy e.g Customs that encourage vices which are abhorred by the majority in the Society..

Thus legally, @Op has a good case against his uncle. All he needs is a good lawyer with a wealth of experience in Family law & Succession matters.

limamintruth:


The person you quoted is right Sir. Customary Law is enforceable in Court ONLY if it satisfies the following 3 tests of validity:
1. It must not be repugnant to the rules of natural justice, equity & good conscience. E.g Customs that encourage slavery, or killing of twins e.t.c.
2. It must not contradict or conflict with any statutory law in force.
[Note that the Yoruba custom you stated goes against this 2nd test of validity. This is because it contravenes the provision of the supreme law of Nig., that is the Constitution, which prohibits discrimination based on gender]
There are a numb. of Supreme Court case laws in support of that position of the law Sir.
3. It must not be contrary to public policy e.g Customs that encourage vices which are abhorred by the majority in the Society..

Thus legally, @Op has a good case against his uncle. All he needs is a good lawyer with a wealth of experience in Family law & Succession matters.

It is only a foolish man that joins an argument midway and starts taking sides trying to show intelligence without a grasp of all the details
I was not talking about what is enforceable or not but about extant Supreme Court decisions
I have already, on this thread ,cited a Supreme Court case that affirm the position of Yoruba Custom that wives cannot inherit their husbands property under Yoruba tradition. That is a settled matter repugnant or not . I will here refer you to Suberu V. Sunmonu also cited in Akinnubi v Akinnubi 1
What that demonstrates then is that repugnance is not the ultimate consideration

With regard to this case of OP I do not know whether he is Yoruba or that his father died intestate or that if he did that his parents were married under Native law. So I cannot comment on that and I really do not know what you base your own conclusion on

There are so many things occurring de facto that contravene the constitution that are upheld by convention,law or jurisprudence and you cannot overturn them by mere declaration you have to test that in court. Until you do that it is merely an opinion that it contravenes the constitution

aribisala0:

It is only a foolish man that joins an argument midway and starts taking sides trying to show intelligence without a grasp of all the details
I was not talking about what is enforceable or not but about extant Supreme Court decisions
I have already, on this thread ,cited a Supreme Court case that affirm the position of Yoruba Custom that wives cannot inherit their husbands property under Yoruba tradition. That is a settled matter repugnant or not . I will here refer you to Suberu V. Sunmonu also cited in Akinnubi v Akinnubi 1
What that demonstrates then is that repugnance is not the ultimate consideration

With regard to this case of OP I do not know whether he is Yoruba or that his father died intestate or that if he did that his parents were married under Native law. So I cannot comment on that and I really do not know what you base your own conclusion on

There are so many things occurring de facto that contravene the constitution that are upheld by convention,law or jurisprudence and you cannot overturn them by mere declaration you have to test that in court. Until you do that it is merely an opinion that it contravenes the constitution

And you had to resort to using insultive words to show how smart you are?

BTW the Op did not ask whether or not his mother can inherit his deceased dad's property.
Rather, the question is on what steps the OP's family should take to prevent the uncle from depriving him & his siblings of their due inheritance.
Hence, your posts aren't even relevant in this matter.

limamintruth:



And you had to resort to using insultive words to show how smart you are?

BTW the Op did not ask whether or not his mother can inherit his deceased dad's property.
Rather, the question is on what steps the OP's family should take to prevent the uncle from depriving him & his siblings of their due inheritance.
Hence, your posts aren't even relevant in this matter.

Maybe they are not relevant why did you not just ignore them? Did I quote you to make my comments ? You just interject yourself randomly ,belatedly and incongruently and start talking rubbish . Are you the Dean of Nairaland Faculty? Go and play with your coevals

aribisala0:
Maybe they are not relevant why did you not just ignore them? Did I quote you to make my comments ? You just interject yourself randomly ,belatedly and incongruently and start talking rubbish . Are you the Dean of Nairaland Faculty? Go and play with your coevals

You are indeed a clown
Wake up mister! This is a public forum, where everyone is free to quote any post as he/she deems fit. So stop whining like a pathetic sissy and stick to the issue at hand. Peace.

limamintruth:


You are indeed a clown
Wake up mister! This is a public forum, where everyone is free to quote any post as he/she deems fit. So stop whining like a pathetic sissy and stick to the issue at hand. Peace.

Is that supposed to provide you a dignified exit?
You are free to quote and I am free to point out your foolishness. You are probably the same dolt with a different id. Yes you are free to quote so see your agrument through. Why backing off from the Yoruba women inheritance rights. Were you wrong or wrong?

When they tell you people to support feminism, you run your mouths like tap as if it means you will stop breathing by supporting female equality.
If your mom wasn’t seen as an inferior being in your family, they wouldn’t be dragging her husband’s properties with her.

Muafrika2:

Does the property of the dead fiance have an administrator already? One is only confirmed as an administrator after the court process in the succession cause. Its also not a permanent position. Secondly, the administrator cannot include new beneficiaries after the court has confirmed the grant of administrator. His/her job is limited to the people identified in court.


If not there was no court process, Your aunt should initiate the succession proceedings as the guardian of the child. The right to inheritance first belongs to the child. If there is no child, it moves to parents, siblings, and so forth acording to degree of relation.

In this case, the court could skip the child if the relatives hid the fact that the deceased had a child. The grant of letters of administration can be reversed if the court finds that he was not identified during the process.

She should go to court and file the forms, or find out if the relatives have already done so and excluded her son, which would dictate that she seeks to join in proceedings.

If there was a case already and her child was not involved, she should still, go back to court and apply that the grand be revoked because they hid a beneficiary from court. Then the process will start afresh. But here, considering they were not married, she may need to prove that indeed her son belongs you the deceased

Bros, I dey hail. Am presently having some inheritance issues and would like to chat with you on whatapp . Thanks in anticipation

id4sho:

Bros, I dey hail. Am presently having some inheritance issues ...

Unfortunately, my legal advice is drawn from kenyan processes and won't be as helpful as there are afew differences. To avoid misleading you ... A Nigerian would advise you the best

Muafrika2:


Unfortunately, my legal advice is drawn from kenyan processes and won't be as helpful as there are afew differences. To avoid misleading you ... A Nigerian would advise you the best

didn't u are Foreigner. thanks for your sincerity