Excuzeme:


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.

lonelydora:


I don't think there's a 'will', because the Op wouldn't have been asking this. 'Will' is usually self explanatory. Some people wicked shaa.

Lawyers please help Op. Lalasticlala, where art thou are?

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.

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.

baby124:

You are just making your own law up as you go along. Look, marriage comes with a lot of rights. Distribution of the properties are first to the living spouse before even the children are considered. You are right, the law does not assume, that is why you have to expressly state what you want or do not want in a will. But the law also looks at past actions as well and takes into consideration all legal precedences like marriage. A spouse legally comes first before children and has a bigger share than the children. You can never equate a legal spouse with legitimate children not to talk of the illegitimate ones. That is why marriage is very important man or woman.

l see that we have moved from the point of "She owns everything her deceased husband left behind", to "she has a BIGGER share" of what is left behind. \

We are getting there

vodutive:
does Ibo traditional law not state that since your father did not marry his mother he belongs to his mother's family?

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.

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.

Excuzeme:


If you say something, at least, back it up with some evidence.

I am not making anything up, even if it does not suit your wishes.

Anyway, l see that we have moved from the point of "She owns everything her deceased husband left behind", to "she has a BIGGER share" of what is left behind. \

We are getting there, its just very slowly-slowly.

Two pages behind, l posted that "the wife is just like the children, she would get her share of the property".

I dont know how many people have to repeat this before it sinks-in: There is nothing like ILLEGITIMATE CHILDREN! ALL CHILDREN ARE TREATED EQUALLY AND LEGITIMATE, UNDER THE LAW

Am done.

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.

olumaxi:
I knw say na dem....our IPOB brodas...if they r not on death row in indonesia,they ll b in nigeria tryin to make anoda man's property theirs

yetseyi:
Sounds more like a cultural matter but even if igbo culture permits sole inheritance as the only male, why lock out your siblings and step mum?

Some people just hide under culture to hurt others sometimes.


Let the lawyers advise legally.

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.

VajanahDischaj:
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.

sourcecode99:

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.

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.

Excuzeme:


You said well but please be guided: There is nothing like ILLEGITIMATE CHILD under the LAW.

Children born between a man and a woman, married or not, are children of the deceased and NONE is ILLEGITIMATE.
Only a DNA test can PROVE whether the child is a 'BIOLOGICAL child' or not, which is what the LAW is concerned about.


If you have constitutional/Legal proof that the Law regards 'a Child born out of wedlock' as Illegitimate, please share it.


BTW: he has no right to lock everyone else out.
Every Child has right to the property (and the children can remove the lock so that real trouble can start ) but having said that, l recognise that he is the ELDEST CHILD (which makes him a De Facto FAMILY HEAD) and he is also the only MALE Child (which makes him to be the one who carries-on the Family name)
Even at that, he has no right to lock-out the Wife of his father and his siblings.
But could it be that he locked the room because your Mum was not around (travelled as you put it)? and she came back swinging on all elbows, at his boldness, instead of just making a friendly phone call to announce that she is back and would need access to the house?

At times, the way we handle potential conflicts will determine if they would turn to a real war.

adimsmt:




I sympathize with what you all are going through, as a father of four girls sometimes i'm worry what will be my daughter's fate when I'm gone. But thank God I'm don't live in Nigeria right now but who knows. Please if i may ask did your father has a will? this is why i hope some well meaning Nigerians start teaching the importance of wills in our society. If there was a will, at least you all would have had something to stand on and take this matter to court. This barbaric culture was the mean purpose of the equality bill wanted to address but those bunch of illiterates we have as politicians saw it as a threat to their ego.

Landmark225:
I just consulted with my lawyer and he said this is a very dicey situation and there is no need to go to court as many of this kind of case is still untreated in court.

This issue should be settled amicably within the family.

Going to court will just prolong the issue and drain your pockets (legal fees is no joke)

This case can also prolong for many years and the property will be sealed until the case is settled.

So, please try and settle this case within the family and also find out if your dad had a will

Thanks

Deen77:


Supreme court justice rule ibo culture out last two months. Get a lawyer

Onyenna:


Are you sure you quoted the right person coz I never supported her elder brother in the first place.....I also said the elder brother's mum wasn't even legally married to their late dad[on next page though].......so I guess you mistook me for someone else bro.....Peace....

Agunna1:
Thanks to all for your contributions. My dad didn't leave any WILL. My dad married my mum traditionally and in the church. 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.

Modified : My mum involved the people of the palace and the Police, they all assisted her in breaking the lock that it is very wrong for my step brother to lock them out. My step brother is nowhere to be found but I believe he has an informant who must have told him what has happened. As for the tenant, they pleaded with my mum to take it easy on them that they never knew there was a landlady. We are waiting for him to do any other thing funny before involving our lawyers and taking him to court. For now, my mum has entered the house.

THANK YOU NAIRALANDERS FOR ALL YOUR SUGGESTION. I APPRECIATE.

baby124:

There is something like illegitimate children. We are not getting anywhere as you fail to read. If it hurts that you are an illegitimate child, then too bad. But if your father did not marry your mother then you are illegitimate. Now, back to our argument, the wife is entitled to live in her husband's jointly occupied property and even will it on her death. That still stands. I am talking about the sharing of other properties, the spouse is entitled to a bigger share than the kids. You better not go and fight your father's WIFE over her property because you will lose big time and come out with a smaller share than you thought. You think those people getting married are just throwing a party? Your comments show that you have no idea what a marriage is and what it protects or provides each spouse. No law in this world will support you stealing your father's WIFE's jointly occupied property. Read up on Community property. You know nothing Excuseme.

habax:
Your comment is idiotic , if you have nothing nice to say, why don't you just move on, must everything become a tribal war?

habax:
Your comment is idiotic , if you have nothing nice to say, why don't you just move on, must everything become a tribal war?