Op, you all need a competent lawyer to handle this case. When our parents died , my Younger bro wanted to take all the properties and documents were with me, cos.am the eldest. I askes him what do u need the documents for? He said because hes a male child hes entitlted to everything.. I laughed.. I said well no one is collecting it from me, until we decide how we will share the properties equally.
He said share with who? Look sister go and marry o.. Lol.... No bundle me for any man house, make i go marry am...smmhh... He then said: U r not entitled to anything here, except mama's jewellries.. I just shook and my head and said no,just come and take the papers.

I had to report him to the police and got a lawyer , against my own brother. When his threaths became too much for me to bear.
Police called him , spoke and warned him to behave himself orelse? Lawyer butt in and said we are all entitled to the properties equally whether boy or girl. So he shud calm down and lets agree on how to share it. I also called my dad's elder sis.. She also told him, in this family, women are also counted

So listen to yur elder sis and share these things amongst yourselves. Thats how he calmed down and it was shared equally.

So , op get police and lawyer involved!

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

Her brother not brother in law.

Agunna1:
Thanks to all for your contributions. My dad didn't leave any WILL. My dad married my mum traditionally and Religiously. My mum is with the marriage certificate. 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.

The highlighted DOES NOT constitute a LEGAL marriage....... not saying it is ILLEGAL though.

What l am saying is that the above IS NOT A MARRIAGE UNDER THE MARRIAGE ACT., so she cant claim sole, legal wife. Period.

Like l have said, even that does not disqualify you siblings or give your brother the right to lock you out and take everything to himself.

1.) Ask him to come and open the door so your Mum can enter.

2.) if he refuses, ask an Elder to tell him the same thing. (Document every step)

3.) If he refuses, REMOVE THE LOCK and MOVE-IN

4.) Go to court and seek and injunction, preventing him from removing you and your Mum, pending the sharing of the property

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.

I bu oki aruruala
Do you realize someone is trying to suppress a widow here at all? What peace are you talking about? Or are you the step-brother He's supposed to be ashamed of his mother gaan . He's locked them out, this alone has alerted outsiders, you talking like you didn't read OP

Agunna1:
Thanks to all for your contributions. My dad didn't leave any WILL. My dad married my mum traditionally and Religiously. My mum is with the marriage certificate. 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.

Under the law, the man has no right to your father's estate, because he was not legally married to his mother, and also, he(your late father) did not acknowledge him as his son in public, or did he? Under the family law, estate of a deceased person who died intestate, that is without will, should be shared under the customary law of the land, therefore for you people to get back the house, you should approach a customary court, tell the Court that the young man is a stranger, and therefore has no right of inheritance to the estate, and that the court should use its discretion to share the estate accordingly to the qualified beneficiaries. You need a good lawyer to handle the case. And the customs and traditions of your people is another factor, where are you from? And what do you know about the customs and traditions of your people as it relates to sharing of property and what does it say?

jjessy91:
Hi, I am keen follower of NL and have always strongly held back from making any suggestions here as i live in London but i think i am moved by your story and will stop holding back. Get a good lawyer and go to court. Marriage certificate or not, the next of kin do a dead man is his wife unless there is an express Will to the contrary. Please keep me posted and i will help as much as i can.

Regards
J

That is NOT TRUE!

WIFE is a "Legal Position and terminology".
You cant be a WIFE/HUSBAND, to somebody you are NOT LEGALLY married to.
At best, you are just a Partner!

Next-of-kin is a SPECIFIED and DECLARATORY POSITION. You are either declared as a next-of-kin or you are not.
No assumption, if there is No Legal marriage Cert.

If you are Legally married, then you are next-in-line, if no Will exists.

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.

Wasnt he fed and clothed by your mum because its obvious from you said you all grew up together. Meanwhile you ladies could collabo and rent a krib for your mum and sis. Trust me you dont wana get into property tussle with Ibo Men cos person must die at the end of the day, or the case would be pending in court till thy kingdom come.. If you guys are capable, Just takia of your mum and forget about him, him matter na between he and God.. And pleaze dont forget to tell us your own mums version sha, wetin make dem lock out since there was harmony previously

Onyenna:


GBAM!

Right of inheritance to an estate is not thesame in the whole of Igbo land, it varies according to the customs and traditions of each community. Get your facts straight, the man is a bastard under the law, because his mother was not married and he was not acknowledged by the father in public, to legitimize him.

Amelian:
Op, you all need a competent lawyer to handle this case. When our parents died , my Younger bro wanted to take all the properties and documents were with me, cos.am the eldest. I askes him what do u need the documents for? He said because hes a male child hes entitlted to everything.. I laughed.. I said well no one is collecting it from me, until we decide how we will share the properties equally.
He said share with who? Look sister go and marry o.. Lol.. U r not entitled to anything here, except mama's jewellries.. I just shook and my head and said come and take the papers. I had to report him to the police and got a lawyer , against my own brother.
Police spoke and warned him to behave himself. Lawyer butt in and said we are all entitled to the properties equally whether boy or girl. So he shud calm down and lets agree on how to share it. I also called my dad's elder sis.. She also told him, in this family, women are also counted

So listen to yur elder sis and share these things amongst yourselves. Thats how he calmed down and it was shared equally.

So , op get police and lawyer involved!

wow, i always read about this kind of things but i never knew it was true. Sad really, so what are the females supposed to do? Marry, and not inherit any of their father's property? It is actually barbaric that a man will be fighting ladies for property. He should work hard, and build his own. I am not igbo, but things like this made me realize maybe this is why my father sold all his properties to avoid trouble.

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.

Who told you what you just said? Similar cases like this are In many customary Courts around igbo land, when the chips are down, what the Court will consider, is, does the young man have the right to lay claim to be the Father's estate?

MasterofdRolls1:



Under the law, the man has no right to your father's estate, because he was not legally married to his mother, and also, he(your late father) did not acknowledge him as his son in public, or did he? Under the family law, estate of a deceased person who died intestate, that is without will, should be shared under the customary law of the land, therefore for you people to get back the house, you should approach a customary court, tell the Court that the young man is a stranger, and therefore has no right of inheritance to the estate, and that the court should use its discretion to share the estate accordingly to the qualified beneficiaries. You need a good lawyer to handle the case. And the customs and traditions of your people is another factor, where are you from? And what do you know about the customs and traditions of your people as it relates to sharing of property and what does it say?

Please QUOTE this LAW you are referring to!

I dont think you have heard of the phrase: DNA TEST, before?
Even the Op acknowledges that they are 'biological siblings', and you are here saying nonsense?

Some of you speak so much ignorance, with so much gusto!

Justdulla:

Wasnt he fed and clothed by your mum because its obvious from you said you all grew up together. Meanwhile you ladies could collabo and rent a krib for your mum and sis. Trust me you dont wana get into property tussle with Ibo Men cos person must die at the end of the day, or the case would be pending in court till thy kingdom come.. If you guys are capable, Just takia of your mum and forget about him, him matter na between he and God.. And pleaze dont forget to tell us your own mums version sha, wetin make dem lock out since there was harmony previously

You do realize that is her husband house? The man she married and lived with for years and years till he died? So one bastard will come, kick them out and they are just supposed to forget everything, and take care of their mum? So assuming they can not take care of their mum? make she they homeless? in the hands of the person should took care of and saw as a son her whole life?

It is even more disgusting the man is a guy, and he is dragging just one property with women. I hope they get a lawyer soon and make him spend time in jail.

two bedroom flat??

Abeg leave the thing for the idiot.
Unless your mom has sentimental attachment to the house, she should stay with her children.
Your step-brother is a small minded person and people like that never really go far.

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

Exactly, we found out that there are people who are telling to do all he's doing.

Agunna1, that nonsense law will not hold in any count in Nigeria will or no will. That law has been voided by the Supreme court. Female children as well as their mother can inherit. Get a lawyer now and ask him/her to seek an injury against his interference and harassment, meanwhile sue him to court now!

MasterofdRolls1:


Right of inheritance to an estate is not thesame in the whole of Igbo land, it varies according to the customs and traditions of each community. Get your facts straight, the man is a bastard under the law, because his mother was not married and he was not acknowledged by the father in public, to legitimize him.

STFU!

Let me ask you (If you read what the Op wrote): Was the Man, all this while, a Houseboy when he was living with the, when the father was alive?
That they are biological siblings, have been established by the Op. Period.

The Op's mother was also not married LEGALLY (just traditionally) so between the two women, there is not much difference!.

Only a DNA Test establishes PATERNITY, not some rubbish you are saying up there.

Calm down and use your head before giving advice

get a house for your mum and sister, start making plans to build one for them if you can afford it. It's not worth it.

Excuzeme:


Please QUOTE this LAW you are referring to!

I dont think you have heard of the phrase: DNA TEST, before?
Even the Op acknowledges that they are 'biological siblings', and you are here saying nonsense?

Some of you speak so much ignorance, with so much gusto!

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.

Tell the court that he has threatened to harm you, in case something happens to you he will happily take the first position of a very short list of suspects.

Agunna1:


Exactly, we found out that there are people who are telling to do all he's doing.

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

This is contradictory.

You are calling the tradition on inheritance outdated and rightly so, yet you are using the same outdated traditions that regards kids as illegitimate and belonging to their mothers people.

We can't pick wicked traditions that favor us and discard the rest

Donlittle:
wow, i always read about this kind of things but i never knew it was true. Sad really, so what are the females supposed to do? Marry, and not inherit any of their father's property? It is actually barbaric that a man will be fighting ladies for property. He should work hard, and build his own. I am not igbo, but things like this made me realize maybe this is why my father sold all his properties to avoid trouble.

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.

Benita27:
Are you sure your Dad didn't pay his mum's bride price b4 bringing him to you guy's house. He could have done dat secretly, since ur mum had only girls.

Either ways your mum is entitled to something.

OP said her mum has a marriage certificate which makes the case easier, the worst case scenario is that op's mum gets one flat, best case scenario op's mum gets one flat and the proceeds of the second flat shared between the wicked stepbrother and his step sisters, this is if there wasn't a recognised wedding ceremony for the guys mother. however, I will salute op's mum for being a woman with a big heart, bringing a stepson into her matrimonial home and treating him good? that's hard to find, reminds me of the woman who poisoned her fellow wives children few weeks ago or the useless pastor and stepmother who chained the little boy here in Lagos.

Its obvious u wer born in lagos and less concerned abt ur tradition. Girls do dat all d tym. After all they wil marry and leave d family.
That said, firstly u need to find out if ur dad paid her mums bride price or paid any money to the womans pple or did any traditional action on him mums head, if not, then he has no traditional right to property as he is born out of wedlock.
2ndly, is the house in question situated in d village or urban city, if in d village, go meet d elders... Umunna.. But if in d city, go to lands and survey, find out weda there is a certificate of occupancy, C of O, if there is fyn out who has it .....lemme STP here for nw.....get back to me wen u do d above, so dat I wil kno which type of issue at hand. Bcs they differ slightly.

My point is that, if he's trying to use outdated traditions as his justification, the he should remember it could swing against him. Never said he shouldn't inherit because of his illegitimacy. That's why I used 'if'. Re-read the post you quoted.

Note that I called both outdated.
P.S I don't stand for discrimination of any kind.

Eketem:



This is contradictory.

You are calling the tradition on inheritance outdated and rightly so, yet you are using the same outdated traditions that regards kids as illegitimate and belonging to their mothers people.

We can't pick wicked traditions that favor us and discard the rest

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.

Was your mother married in Court? or in Church or only Traditional Marriage?


I believe even if your mother was not married in court or traditionally, under Common Law, your Mother still has a claim.

Consult a good family Lawyer to take up the matter. In the mean time, I advise you don't approach the Police without the presence of a Lawyer.

well it saddens me am not a lawyer...well let's here frm d lawyeres

under both the customary law and the civil law, the wife of the deceased has a right to occupy the house of the husband. she needs to apply for a letter of administration if the man died intestate i.e if he died without a will and if he had a will better. the woman need to sue the boy.
alternative, she can inform the husband people and it will be settled amicably and property shared according to custom and tradition of the man's village.

Donlittle:
You do realize that is her husband house? The man she married and lived with for years and years till he died? So one bastard will come, kick them out and they are just supposed to forget everything, and take care of their mum? So assuming they can not take care of their mum? make she they homeless? in the hands of the person should took care of and saw as a son her whole life?

It is even more disgusting the man is a guy, and he is dragging just one property with women. I hope they get a lawyer soon and make him spend time in jail.

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

Excuzeme:


STFU!

Let me ask you (If you read what the Op wrote): Was the Man, all this while, a Houseboy when he was living with the, when the father was alive?
That they are biological siblings, have been established by the Op. Period.

The Op's mother was also not married LEGALLY (just traditionally) so between the two women, there is not much difference!.

Only a DNA Test establishes PATERNITY, not some rubbish you are saying up there.

Calm down and use your head before giving advice

She said the parent were married traditionally and religiously, under the law they are married traditionally under the customary law of their place, which still gives her the right to inherit the fathers estate. Traditionally married couple, when issue arise are settled in the Customary Court of their place....

Religiously married, that is Church wedding is thesame as marriage under the Marriage Act, if the church is a licensed place of worship or that they went to sign the marriage register at their local government or court and obtained a certificate as stated in the Act, therefore making the parties seek redress in a High Court if any issue arises.

The issue of DNA test as i told you is out of the picture because the father is deceased, and no sibling of the Op will agree to the test, unless compelled by the court.

The Op said that they grew up together, but didn't know the boy was their fathers son. Your disposition on his legitimacy is flawed because the op's father never wedded the boys mother in any of the manners stated above.

Read with understanding and mind you language with me.

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.

Does your father have a will? Who is your father's next of kin? Normally I would expect that your mother is his next of kin, thus giving her the power or right over your late father's properties not him. Remember, only the next of kin of your father has the legal right to do whatsoever with the deceased's properties.

In the absence of a will from your father, it should be determined who he made his next of kin. Luckily, if your mom or any of your sisters, then that person should go to the probate court to obtain a document called, 'power of attorney'. It is a document that gives the next of kin legal rights to the deceased's properties and estate. This is the best way to go about it.

You can email me for more information.

Use juju for him