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

Richardabbey:
I Booked Dis Space 4 U To Bury Ur Daddy , Dnt Worry We Will Talk Abt Price Later

BruncleZuma:
Does your mother have a marriage certificate? If no, can she provide witnesses to her being married to your father?.

ikevictor:


In addition to this, does your father have legal documents specifying him as the owner of the properties?

Cos if the properties belongs to your fathers father, then he has no rights handing them all over to you.

You have rights over your fathers property and his property alone. And be sure before you claim such.

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

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.

Charly68:
If your uncle chose to be wicked then you need to carry fire to quench his wickedness, since he has chosen the dishonorable way, deal with him in that order...you are not to be too gentle for a stubborn goat..show him the other side of life and they will let your mother be..Tell him if anything evil happens to any of your immediate family ,the man and his own family will be gone too..

Deo1986:
Hey Alexa, where are you from? Because your situation right now resonate with what i went through after my dad's death. Lots of people have given their advice but i tell you rushing to court will not give you the immediate justice you want, it will only stall the situation and your uncle, if he has powerful friends behind him might start making use of some of the properties. it happens! Make proper verification ask questions and since your dad didn't leave a will the court will have no option than to include your uncle in the sharing of the properties since he was once under your father's care. I will suggest you call your mother and siblings make an estimation of the entire properties, see the one's you can let go for peace to reign. My hum,ble advice.

Alexas58:

Please how do I go about it,and how much is involved to intestate apply

aribisala0:

I am not sure what is dishonourable. Culture and tradition is not a thing to pick and choose when convenient. If you don't want this to happen then make a will. If a man dies intestate in Nigeria his estate is subject to Native law and Custom. e.g in Yoruba land a woman does not inherit her husband's property only his children do . Without going into so much detail native law varies from place to place and if the man is a Muslim Sharia law prevails. Under sharia law there is a formula for sharing.

aribisala0:

I am not sure what is dishonourable. Culture and tradition is not a thing to pick and choose when convenient. If you don't want this to happen then make a will. If a man dies intestate in Nigeria his estate is subject to Native law and Custom. e.g in Yoruba land a woman does not inherit her husband's property only his children do . Without going into so much detail native law varies from place to place and if the man is a Muslim Sharia law prevails. Under sharia law there is a formula for sharing.

cooljoe:
before a custom is applicable t has to pass d repugnance test -It must not be repugnant to principles of equity and natural justice; it must not be against public policy and it should not be against any operating law in force. so indeed, culture nd tradition is a thing to pick nd choose ds days. if ts nt sensible, ts discarded.

aribisala0:

I am talking about the law. I don't know what YOU are talking about but there is plenty of case law in Nigeria all the way up to the Supreme Court on Inheritance under Native law and custom.
Our law is simple: If you do not want your estate adjudicated under Native law and Custom then MAKE A WILL.

What is repugnance test? Please talk another thing.That one has no sense in it.
Some people love amala and others do not .That is why we have law.
Native Law is just that: Law ,in Nigeria. if you do not know then educate yourself
Only recently the Supreme Court made a pronouncement on female inheritance in Igboland so Native law Jurisprudence is quite strong in Nigeria

pcguru1:


Sorry this is happening to you, it also happened to us too and we were left with nothing, and life is funny because all of them right now are nowhere at this moment, they are all living in penury some died a frustrating death not like we wished for it, and things are way better for my mother. I don't know what advice to give you, just ensure you work hard and be ambitious, imagine someone who was married to obasanjo friend and spending cash like mad years later calling to beg you for money after their family did what they did to you. Take care bro

cooljoe:
Lolzz. I should educate myself. I think I'd do that. but what I did tell u is actually d law. in ol matters be it inheritance or not, for a custom to apply, it has to pass d aforementioned tests. c d case of Joshua Ohai v Samuel Akpomonye. that is the position of the law and your "unlearned" opinion and silly manners won't change it.

BruncleZuma:
Does your mother have a marriage certificate? If no, can she provide witnesses to her being married to your father?.

aribisala0:


Always entertaining when I come across the Nigerian version of your specie.
"learned", "Unlearned". Do yo guys still do that bombastic Latin show off thing ?

It is so 19th century.Seriously even the wig and gown are on the way out in other places
Substance over form.....

Yes you need to educate yourself in Effective use of language. It is too early to be throwing citations randomly.

What is it you are trying to say? Let us be clear on that.

My point is that Native Law of inheritance is an established part of our jurisprudence especially in testamentary matters where the deceased dies intestate and that Native law in Nigeria has well established jurisprudence .It is not "a custom" as you suggest but several customs and traditions across different parts of the country. Some have been tested successfully or otherwise and the findings in those trials only clarifies the Jurisprudence of "native law". It is not immune from the iterative process that applies to conventional law.

So what is YOUR POINT?


It is only when we are clear what we disagree on that you may start citing Akpos or whatever. For now that is just self indulgent exhibitionism

Alexas58:

Thanks.. Read very well where I said my dad trained him to the university and even offered him a job in a bank,but he refused

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

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