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.

Wow.. Really sad.. Let's wait for the Lawyers to wake up and then give you replies....

These are consequences that occurs when a man "shoots".....

Wetin the step-brother no work for...

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.

But your dad should have shared the house before his demise....
Well, that step-brother too is wicked.

Employ a lawyer, one of the flat should be given to your mum and sister

Sorry to hear about that. First things first.
1. Your father and mother, did they marry according to customary law and is there a marriage certificate to legalize the marriage?
2. Did your father leave a will?
If all these are settled, then advice about going about the case will be easier.

henryvirus:
Sorry to hear about that. First things first.
1. Your father and mother, did they marry according to customary law and is there a marriage certificate to legalize the marriage?
2. Did your father leave a will?
If all these are settled, then advice about going about the case will be easier.

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?

If your parents were married legally, she can take your step-brother to court and get him to sell the house and divide the profits equally or settle for living there for the remainder of her life. There was a court case not too long ago about an Igbo lady who took her siblings or uncles to court to inherit and she won. So there is precedence. You need a good lawyer who specialises in these things.

https://www.google.com.ng/url?sa=t&source=web&rct=j&url=http://www.vanguardngr.com/2014/04/inheritance-supreme-court-voids-discrimination-females-igboland/&ved=0ahUKEwj1x5C4ypXOAhXhDpoKHXebBEUQFggZMAA&usg=AFQjCNGZRwxahVm0EusaJs22WABNp1BwgQ&sig2=kNnyYN87oaPZfOoUFmudeQ


The Supreme Court has affirmed the right of women to inheritance don't let anyone tell you different.

Who has his death certificate?

Go to Court and apply for a letter of administration

Who was his next of kin?


Who has the house papers? Women need to stop being emotional in cases like this, in cases like this thr first thing is get the house papers and keep in a safe place instead of screaming and crying. The dead is gone if you have kids you need to protect you have to act fast that is where men get to cheat you guys because they are less emotional.

Anyway you all have a fair right to inheritance go to court if your father died without a will so the property can be shared equally

Nigerian law on testate
inheritance/succession
includes the Wills Act and its
Amendments (1837, 1852);
The Wills Law Western Nigeria
(1987). Succession Law Edict,
1987 of old Anambra State as
amended and applicable to
Enugu and Ebonyi States. The
Wills Act of 1837 does not
place any disability on widows
with regards to their right to
inherit property under
testamentary disposition.
These laws/statutes do not
extend to widows who
contracted customary law
marriages (Nwankwo,2004).
The need for special protection
of women and children under
the law rests on the rational
belief that all human are
entitled to equal consideration
and respect. women married
under the statute and their
children have better protection
than women married under
customary law and their
children.. That was why I asked if your mother was legally married with a certificate to back it up. If she was legally married, then you can take your plea to a good lawyer, you have tangible grounds to file a suit restraining that illegitimate son from controlling the property. Also according to recent judgements your mother and you the legitimate children are to be the beneficiaries of the property even though there is no will. In conclusion your mother has the right to his property without any external interference, that son was born out of wedlock so he has no rights on the administration of the property. I am a law student so let us see views from Barristers in the house.

P. S. Please move this to front page so Lawyers can shed more light on this.

This is where it is good o have good relationship with your in laws. They are the people that will fight for you without you breaking a sweat.
Get the Umunna and Umuada involve.
Sue him in any customary court around.
Don't you have uncles

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.

this life sha. sorry to say op but that your step brother is an ungrateful man who has no shame. instead of him to strive and work hard to build more empires than his late father left behind. he is busy roaming claiming inheritance.


sue his dirty aSs to court please. and your mother needs to stand her ground please, IT IS HER HOUSE NOW, either she had a son or not.

ok

Lol

hmm

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

your dad no get will?

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

.....Your mum deserves part of the property too....

He has no rights to do such not even under Igbo customs.

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.

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

GBAM!

the heart of men......

@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.

What a world!I think you should take this matter to the village heads or family heads first. since there are two houses I think you and your mum with your siblings should take one while the other guy takes the other.I think this should be done before involving a lawyer.Going to court should be the last resort

That man has no right to lock the house against your mum. It's true that women don't have much say in igbo land but not in this case, but let me ask you a question was your mum legally married to your dad? If yes then drag that old fool to court and if not

The fault lies in your dad, even if you Mom had a son for him, the first son already has some form of advantage, you better wake up your mom from her deep slumber - she has been sleeping all this while.

taryour:
this life sha. sorry to say op but that your step brother is an ungrateful man who has no shame. instead of him to strive and work hard to build more empires than his late father left behind. he is busy roaming claiming inheritance.


sue his dirty aSs to court please. and your mother needs to stand her ground please, IT IS HER HOUSE NOW, either she had a male son or not.

I love this piece......

Agunna1 where u @.......

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.

The problem is that your father did not leave any will. Unfortunately for u guys, as the first and only son, and the eldest from your father. irrespective of where he comes from, has the upper hand here, and traditionally, he is truly the next in line(heir). But he is being unfair, and hasty, showing he has ulterior motives. You guys should maybe try the law court. Seek advice from your father's brother, and ndi umunna.

If you are in Lagos state and the house is in Lagos state, the administration of estate laws of Lagos has an order of priority for inheriting a deceased properties. I think the first person is the spouse then children.

If not in Lagos, your mum still has a right to the property due to Niki Tobi's decision in Mojekwu v Mojekwu

The Supreme Court of Nigeria has held, AND RIGHTLY SO, in a plethora of cases that female children are entitled to a share of their father's estate. This is because of this very bad attitude of our people in excluding female children from inheritance.

Hon Justice Niki Tobi was the first to hold that position, owing largely to the law and his background(Urhobos recognise female inheritance).

Please, approach the nearest Federation of women Lawyers or Legal Aid Council near you for assistance. I prefer you go to Women Lawyers sha because they carry such matters on their head like Chinese weave-on abi human hair(?) I know you might not have the finance to employ the service of a personal Lawyer.

PS: When the matter gets to court, your lawyer should make an application for the parties to maintain the status quo I.e. Your mum shall continue living in the house pending the determination of the matter.