chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

Simply get a good lawyer and very professional court ballifs

At Op you have a very good case here going by recent judgements by the Supreme Court eg. Mojekwu v Mojekwu, Ukeje v Ukeje....but first of all, you have to let us know which tribe you belong to as tradition varies...I would implore your mom and aunt not to sleep on their right because equity aids the vigilant not the indolent...

DesChyko:


He sounds evil but there's some reality in his utterances. It will surprise you that this case may be turned down by the Courts if it lacks MERIT.

its true sha, i jst personally hate such senseless tradition dat exploit d women folks, granting properties to undeserving people. I experienced it.

dominique:
I've never been a fan of fighting over property. Only what I acquire with my own sweat is truly mine.

But the question is would you want someone else to cheat your children off what you acquired with your own sweat?

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

well tradition where mad by some illiterate old smelly men..n u one of them if u believe in their poo.. so tell me who gets to keep the property,, the village elders..

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

Any unfair tradition must be trashed.
Women have the right to inherit from their father's property.
@Chiefmidwife , I am confident your mum and aunt will win the case.

Op. The whole property inherited by your grandfather may be hard to recover since it was given to him customarily. But if it's her dad personal property, then go ahead and fight for the property.one thing you also have to note what type of marriage did the man contracted. Cos it will matter. If he contracted only customary law the court will imply the deceased only want the customary law to apply in any case concerning his life or will. This is called conflict of laws. So many factors will determine it. So it's better to go to a court. For their decision to guide us later

My Brother, it depends where and which tradition, ONLY Prayer can save you ONCE such tradition has said so, that's how it will be. For example at Ohafia here in Abia State, if any man from that Town marry any woman NOT from that town hmmm your name is sorry once your husband died even if you have son/sons its somehow bad for such woman.

chiefmidwife:

I just need their advice on the feasibility or otherwise
I saw one judgement in March by the supreme court on women inheritance

Sorry, which town or state am sure its in the east?

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

From a layman point of view, it depends on the land in question. If it is a general family land that Grandpa inherited from his family, then the option is to negotiate and appeal to the elders. However, if it happens to be a land that grandpa bought with his money, then there will be need to involve law enforcement agent and the law court.

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

You have a very good case here. Section 42 of the constitution of the federal republic of Nigeria privides for freedom of discrimination of any kind. furthermore the coirts in a plethora of cases have set aside such barbaric customs and traditions that seems to deprive citizens of their inheritance. The case of Molokwu Vs Molokwu is on point on this issue.
Do well to brief a lawyer to help you take it up.

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

You have a very good case here. Section 42 of the constitution of the federal republic of Nigeria provides for freedom from discrimination of any kind. furthermore the courts in a plethora of cases have set aside such barbaric customs and traditions that seems to deprive citizens of their inheritance. The case of Molokwu Vs Molokwu is on point on this issue.
Do well to brief a lawyer to help you take it up.

Blossom023:
Let me reply according to my understanding of the story.

Op since you said you saw a court case on women inheritance.. Look at the precedent well and see how it was solved and if your own case can be solved. And also if their father didn't write any will.. Thank God they are married.. Let their husband's inherit it.. Since they say women don't inherit property.

I hope I made sense sha.. Cos the story get as e be.

This kind of statement can only be made by a woman. The answer is simple got to court cos outside it they will never have justice.

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

Did you even read what she wrote? Mtchew

ClinicalHope:
Did you even read what she wrote? Mtchew

No vex!

Oh?

Amongst all that you have been said, another consideration is whether judgment if obtained in your favour is realizable. I mean that if the property is in the village, your mum/aunt would not be able to deal with (develop or sell) it as the judgment would only be on paper

It will likely be a case of transferring dispute to their children. To me, the issue is delicate a d your mum/aunt should deal with it in their lifetime. They should try to explore negotiation with their father's family and while at that, they should be open.

Please note that this post in on assumption that the property is in the village

Many people are just writing what they know nothing about. The OP's report has no root. Such as what type of land, is it inherited or bought buy their father, what part of the country is the case coming from? These are things we need to put into consideration before telling the OP to held to court. There are some traditional stance the court can not overturn. Other things to consider, how close are they to their father when he was alive, why did their father not write a will, even if the man is not educated they would have been able to pasuade him to write a will if they were close to him. This is there tradition and they fully know well before now, that, that's how the tradition operates, why did they not do anything thing concerning it till this time. Everyone should note this when a case involves tradition lawyers do take it up to acquire money not to acquire victory.

The Op should tell us the true story.
And those of u the indomie children that doesn't know what tradition is all about should stop posting what u know nothing about.

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

I can relate to your problem, the lands doesn't necessarily belong to mum and ur aunt but it's better it goes to them both than to anyone else. My dad has land issues with a lot of people and he never lost his lands to any of those people and they're two ways to win, one is with a lawyer(Make the preceding judge will FåvOur u for no reason, and the opponent's lawyer won't be organized and be talking rubbish) and the other is to make whosoever that is interested in the land to loose interest(If someone who you know wants to take the land from y'all, then make them wake up the next day and think, mehn I should leave tis land for tis family) both have worked but in ur case I've to suggest a lawyer, and take the case to court. But, I've to warn you, you're about to go to battle, I hope you've money cos nothing is free in tis world. If you really wanna win ur dad's props and make people forget about the land, and u have money then drop your number or bbm pin I'll contact u. If not, kindly ignore and keep scrolling down. Thanks for reading.

P.S. My way involves juju.

livhorgng:
My Brother, it depends where and which tradition, ONLY Prayer can save you ONCE such tradition has said so, that's how it will be. For example at Ohafia here in Abia State, if any man from that Town marry any woman NOT from that town hmmm your name is sorry once your husband died even if you have son/sons its somehow bad for such woman.

Stop saying what you don't know. Are you from Ohafia?

This is really unfortunate. I guess this is the type of thing men want to see happening that's why they keep fighting gender equality tooth and nail.


Op get a very good lawyer to help you, sorry about this sad situation. Get a lawyer and tell your mom and aunt to avoid the people from your dad's family for the main time. There are many cases of people getting killed because of landed property so she should be careful.

publicenemy:



They stand a huge chance. Get a human rights lawyer.

from my best of knowladge women in my place do not inherit landed property in my home town.

but if the man has properties in town no body has right to them only his children. but if it is those in the village and he has only female children and er married out . they only have full right in thier husbands house.
but going to fight in there grand fathers home. do they remember that the will one day visit that place as a home nne clam down and go about this case through ur traditional ruler, ask him to guild ur family on this issue.

Advice your mom not to drag land or any property with those men. They might kill her with juju o. Abi you no dey watch Nigerian films?

I pity the woman who would get married to naive fellow like you. mtchww....

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

prettysolid:
I pity the woman who would get married to naive fellow like you. mtchww....

Sorry, I'm a Rev. Father....

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

my dear brother/sister, if you are fortunate to read this message, please be aware tthat supreme court of Nigeria has ruled against any traditional way of sharing properties among children.... Whoever embark on that don open way for prison... I will advice you consult a good lawyer about it.

[quote author=cupidhero post=46877223]
Stop saying what you don't know. Are you from Ohafia?



Sorry for quoting you but a friend of mine from Ohafia told me the same, she told me that they did same to her cousins and that as of that time she was telling me the story that they don't have house in the village that the uncles have shared their father's properties.

drnoel:


This kind of statement can only be made by a woman. The answer is simple got to court cos outside it they will never have justice.

Brother.. What part of my comment said she should not go to court. Do you hold something against women?

You may have a case. I advise you to consult a good lawyer who will evaluate the arguments and give you advice. The supreme law of the land is decided by the courts and 'tradition' is only one component. If it is determined by your lawyer that your case is sound, you may further wish to do a cost/benefit analysis of pursuing it bearing in mind that legal matters concerning property may drag on for a long while.

Do not be intimidated should you decide to go forward. In life you only get what you fight for. Alakija the richest woman in the world sued the NNPC and the Federal government all the way to the Supreme Court for 12 ears before she secured her legal judgement. Do not be intimidated.

As for those people telling you not to fight tradition and making a case against women inheriting property, all I see is a primitive and sorry mindset that propagates the backwardness of Africa in general and Nigeria in particular. It is amazing and sad that someone who is educated enough to use the internet still reasons like an illiterate herdsman. God help Nigeria because nothing else can.

my frnd this is a court case.... since the man did nt hav a son the daughter or wife claim the property.... probably if they are generous they can share little out to the family to balance all struggle ...nt the wife and family we be denied totally

Thanks all..
The said land is in my village in Eha-Amufu Isi-Uzo LGA Enugu State..
It is nt a communal land..it was solely owned by my grandfather..
The eldest man in the family(umunna) and nearby family have told them to leave the said land to my mother and aunt that their father has no son or brother bt they went and bribed the villagers from. Behind and also sanctioned those two men..
The last judgement by the elders of the community,the Igwes and cabinet..they said that the land belongs to my mother's father but women cannot come from their husband's house to inherit their father's property

The eldest man in the umunna has told us that if oyibo people invite him he will go and testify bt am looking for monetary aspect of the Case..
We are nt well to do and that's part of the reason they are overpowering us..

chiefmidwife:
Thanks all..
The said land is in my village in Eha-Amufu Isi-Uzo LGA Enugu State..
It is nt a communal land..it was solely owned by my grandfather..
The eldest man in the family(umunna) and nearby family have told them to leave the said land to my mother and aunt that their father has no son or brother bt they went and bribed the villagers from. Behind and also sanctioned those two men..
The last judgement by the elders of the community,the Igwes and cabinet..they said that the land belongs to my mother's father but women cannot come from their husband's house to inherit their father's property

That means that the land was inherited not bought by your grandfather. Get to the customary court fast., though I have never seen women inheriting native lands from their families in Igboland they may inherit their father's acquired land/property... but not inherited native land.