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Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by Zuluhead(m): 6:01am On Nov 20, 2017 |
Then the properties belongs to your father if you are sure of what you are saying and not just a hear say from your dad to your mum.... If you are sure of what you are saying they belong to your dad but you also have to be careful especially during the and after burial. Alexas58: |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by Alexas58: 6:04am On Nov 20, 2017 |
dondemex:My mother's elder brother is a military man..we don't want to use force in him now |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by ibkgab001: 7:07am On Nov 20, 2017 |
You need pure gbetu gbetu from ijeda before it is too late |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by yvelchstores(f): 8:29am On Nov 20, 2017 |
sinceraconcept:that I will ignore or not doesn't mean op should follow suit. I have spiritual fortifications, I don't knw if he does too so I can't encourage him to his early grave. 1 Like |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by efavour: 8:30am On Nov 20, 2017 |
chrisxxx:I'm training my younger brother and not more than 5 yrs older than him and didn't inherit shishi from my father. Things don't just work that way. 2 Likes |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by efavour: 8:37am On Nov 20, 2017 |
AreaFada2:He has already answered all these questions. Try and read from the beginning before contributing 1 Like |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by sinceraconcept(m): 9:09am On Nov 20, 2017 |
yvelchstores:ha ha ha. tell me how you got the spiritual fortification . your mummy used to take you to babalawos for incisions abi? |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by tonero230(m): 10:07am On Nov 20, 2017 |
Alexas58: Which state are you from? |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by alaskido(m): 10:28am On Nov 20, 2017 |
May God help us with this inheritance problem. Lazy uncle. Does not want to struggle for himself. Waiting to inherit what he did not work for. If you dad was married to your mum legally in court, get a lawyer to start a proceedings immediately. Also try and find out if your dad made his will before his death. 1 Like |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by chrisxxx(m): 10:39am On Nov 20, 2017 |
efavour:The age I mentioned is just for emphasise saje. Anybody can train anyone. My younger ones contributed in seeing me through the university. |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by aribisala0(m): 10:46am On Nov 20, 2017 |
cooljoe:My Do you now accept that it is settled that in Yoruba Customary law women cannot inherit their husband's property if they married under customary law? Do you accept that this was not considered "repugnant" by the Supreme Court |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by ttmacoy: 10:58am On Nov 20, 2017 |
So they shouldn't count on dad's properties but the dad's brother should? Yes their father having property should not stop them striving for theirs, but that in no way means the brother is entitled to the property. NwaAmaikpe: 1 Like |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by aribisala0(m): 11:22am On Nov 20, 2017 |
People have been misusing the term "legally married" repeatedly. Please tell me who is "Illegally" married? If you marry under Native law or Sharia law you are legally married If your marriage is contracted under the Marriage Act in court there are different rules yes but it is a misuse of language to refer to this scenario as "legally married". All lawful marriages are legal Leaving that to one side. The order of disposal is as follows assuming there is a marriage 1> Is there a valid will yes? Follow the will No proceed to 2 2> what kind of Marriage Marriage Act Sharia Law Customary Law If you are married under the Act when the estate is subject to the administration of estates law If you are married under Sharia or customary Law then those laws will apply Section 49(1) of the Administration of Estates Law states that, the estate of a person who died intestate shall be distributed in the following manner; the surviving husband or wife shall take the personal chattels absolutely and in addition the estate (excluding personal chattels) shall be charged with the payment of a net sum of money equivalent to the value of one third of the estate, free of funeral expenses, to the surviving husband or wife plus interest from the date of death at the rate of 2½ % per annum until paid or appropriated and subject to providing for that sum the estate (excluding personal chattels) shall be held as follows; (a) one-third upon trust for the surviving husband or wife during his or her lifetime and subject to such life interest, on the statutory trusts for the children of the deceased; and (b) two thirds on the statutory trusts for the children of the deceased. If on the other hand Customary law applies then this varies from place to place but generally wives have few proprietary rights but may have some possessor rights for example if she occupies a property she may continue to occupy it (subject to good behavior (Onitsha and nearby) but may not alienate(sell) the property. Generally children have more rights than their mothers. In fact in Yoruba land wives have no inheritance rights and may be considered part of the estate to be inherited. The so called "levirate marriage" Though traditionally male children may be treated differently from their sisters this is not the case in Yoruba land where daughters have equal inheritance rights as sons and a recent Supreme Court Judgment about daughters' inheritance rights in Igboland may change the picture In this case here it( I assume native law marriage?) depends on the extant native law as to whether siblings of the deceased have any share in his estate when he dies intestate |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by yvelchstores(f): 11:55am On Nov 20, 2017 |
sinceraconcept:my powers are from the Holy spirit. I can do and undo. |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by Analee(f): 1:03pm On Nov 20, 2017 |
Alexas58:my broda leave all these long story,js rush down to OPM@doctorJesuscityaluuPh n reset his brain,is either he leaves u guys to enjoy peace n u family/confesses or olaa |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by sinceraconcept(m): 1:13pm On Nov 20, 2017 |
yvelchstores:keep deceiving yourself. who doesn't have that one in Nigeria? even the south Africans that got killed in TB Joshua's quarter had it before they came for religious course. just confess to me you're emere or ogbanje . Of the mama ke |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by Blonchilli(m): 3:33pm On Nov 20, 2017 |
Alexas58:Whether you like it or not they will come for the properties and sell them. That court order will not hold, this is Nigeria, and even if it does they can raise an appeal and this case could linger on till you too become a father and your kids are in the universities. It's either you beat them at their game or loose all your father's work. The man is dead now, and I believe that land is not the only property he has. You said it's worth hundreds of millions now, you and your mom should sell it, relocate and take the documents of his other properties with you. Your father is dead and there's nothing that can be done about it. I was in a position like this and if I had known I would have done so. Since its that land they're after make it vanish, sell it to someone they dare not raise their voice against. A strong politician or tough guy, or maybe a company that you can convince with the legal documents that the land is your father's. Then relocate from there. That money won't only make you guys comfortable while your father is gone but will also provide you guys enough financial power to fight them. Don't let sentiments of entitlement make you loose everything 1 Like |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by yvelchstores(f): 3:47pm On Nov 20, 2017 |
sinceraconcept:its ok. Thank God u said I am deceiving myself not u. Have a nice life. |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by Analee(f): 11:44pm On Nov 20, 2017 |
Alexas58:secondly OPM has a team of legal adviser who fights 4 women whose husbands are dead,draggn of properties etc,so while u handle d spiritual aspect,d lawyers handles d physical aspects, |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by Nobody: 8:38am On Nov 21, 2017 |
Frenzy007:Does the property of the dead fiance have an administrator already? One is only confirmed as an administrator after the court process in the succession cause. Its also not a permanent position. Secondly, the administrator cannot include new beneficiaries after the court has confirmed the grant of administrator. His/her job is limited to the people identified in court. If not there was no court process, Your aunt should initiate the succession proceedings as the guardian of the child. The right to inheritance first belongs to the child. If there is no child, it moves to parents, siblings, and so forth acording to degree of relation. In this case, the court could skip the child if the relatives hid the fact that the deceased had a child. The grant of letters of administration can be reversed if the court finds that he was not identified during the process. She should go to court and file the forms, or find out if the relatives have already done so and excluded her son, which would dictate that she seeks to join in proceedings. If there was a case already and her child was not involved, she should still, go back to court and apply that the grand be revoked because they hid a beneficiary from court. Then the process will start afresh. But here, considering they were not married, she may need to prove that indeed her son belongs you the deceased |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by Nobody: 9:51am On Nov 21, 2017 |
AaW[aaaW££quote author=Muafrika2 post=62572672] Does 221the property of the dead fiance have an administrator already? One is only confirmed as an £administrator after the court process in the succession cause. Its also not a permanent position. Secondly, the administrator cannot include new beneficiaries after the court has confirmed the grant of administrator. His/her job is limited to the people identified in court. If not 2££there was no court process, Your aunt should initiate the succession proceedings as the guardian of the child. The right to inheritance first belongs to the child. If there is no child, it moves to parents, siblings, and so forth acording to degree of relation. In this case, the court could skip the child if the relatives hid the fact that the deceased had a child. The grant of letters of administration can be reversed if the court finds that he was not identified during the process. She should go to court and file the forms, or find out if the relatives have already done so and excluded her son, which would dictate that she seeks to join in proceedings. If there was a case already and her child was not involved, she should still, go back to court and apply that the grand be revoked because they hid a beneficiary from court. Then the process will start afresh. But here, considering they were not married, she may need to prove that indeed her son belongs you the deceased [/quote]she has gotten a lawyer since and they are trying to get the letter of administrator but the lawyer said they need one of the family members to sign.But these people are wicked,they dont care about their child son atall they even sent someone last week to threaten her to drop the case.What am asking is what chance does she have and must a family member sign and yes the child is the deceased son. |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by Nobody: 12:35pm On Nov 21, 2017 |
Frenzy007: It seems she is trying to include the rest of the family in the process. She should go ahead without them. They will join it with their objections later. |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by limamintruth: 4:53pm On Nov 21, 2017 |
aribisala0: The person you quoted is right Sir. Customary Law is enforceable in Court ONLY if it satisfies the following 3 tests of validity: 1. It must not be repugnant to the rules of natural justice, equity & good conscience. E.g Customs that encourage slavery, or killing of twins e.t.c. 2. It must not contradict or conflict with any statutory law in force. [Note that the Yoruba custom you stated goes against this 2nd test of validity. This is because it contravenes the provision of the supreme law of Nig., that is the Constitution, which prohibits discrimination based on gender] There are a numb. of Supreme Court case laws in support of that position of the law Sir. 3. It must not be contrary to public policy e.g Customs that encourage vices which are abhorred by the majority in the Society.. Thus legally, @Op has a good case against his uncle. All he needs is a good lawyer with a wealth of experience in Family law & Succession matters. |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by aribisala0(m): 5:58pm On Nov 21, 2017 |
limamintruth:It is only a foolish man that joins an argument midway and starts taking sides trying to show intelligence without a grasp of all the details I was not talking about what is enforceable or not but about extant Supreme Court decisions I have already, on this thread ,cited a Supreme Court case that affirm the position of Yoruba Custom that wives cannot inherit their husbands property under Yoruba tradition. That is a settled matter repugnant or not . I will here refer you to Suberu V. Sunmonu also cited in Akinnubi v Akinnubi 1 What that demonstrates then is that repugnance is not the ultimate consideration With regard to this case of OP I do not know whether he is Yoruba or that his father died intestate or that if he did that his parents were married under Native law. So I cannot comment on that and I really do not know what you base your own conclusion on There are so many things occurring de facto that contravene the constitution that are upheld by convention,law or jurisprudence and you cannot overturn them by mere declaration you have to test that in court. Until you do that it is merely an opinion that it contravenes the constitution |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by limamintruth: 7:29pm On Nov 21, 2017 |
aribisala0: And you had to resort to using insultive words to show how smart you are? BTW the Op did not ask whether or not his mother can inherit his deceased dad's property. Rather, the question is on what steps the OP's family should take to prevent the uncle from depriving him & his siblings of their due inheritance. Hence, your posts aren't even relevant in this matter. |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by aribisala0(m): 8:11pm On Nov 21, 2017 |
limamintruth:Maybe they are not relevant why did you not just ignore them? Did I quote you to make my comments ? You just interject yourself randomly ,belatedly and incongruently and start talking rubbish . Are you the Dean of Nairaland Faculty? Go and play with your coevals |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by limamintruth: 10:57pm On Nov 21, 2017 |
aribisala0: You are indeed a clown Wake up mister! This is a public forum, where everyone is free to quote any post as he/she deems fit. So stop whining like a pathetic sissy and stick to the issue at hand. Peace. |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by aribisala0(m): 11:05pm On Nov 21, 2017 |
limamintruth:Is that supposed to provide you a dignified exit? You are free to quote and I am free to point out your foolishness. You are probably the same dolt with a different id. Yes you are free to quote so see your agrument through. Why backing off from the Yoruba women inheritance rights. Were you wrong or wrong? |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by cococandy(f): 1:49am On Nov 22, 2017 |
When they tell you people to support feminism, you run your mouths like tap as if it means you will stop breathing by supporting female equality. If your mom wasn’t seen as an inferior being in your family, they wouldn’t be dragging her husband’s properties with her. 5 Likes |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by id4sho(m): 6:24pm On Mar 05, 2018 |
Muafrika2:Bros, I dey hail. Am presently having some inheritance issues and would like to chat with you on whatapp . Thanks in anticipation |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by Nobody: 7:02pm On Mar 05, 2018 |
id4sho: Unfortunately, my legal advice is drawn from kenyan processes and won't be as helpful as there are afew differences. To avoid misleading you ... A Nigerian would advise you the best |
Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by id4sho(m): 8:32pm On Mar 05, 2018 |
Muafrika2:didn't u are Foreigner. thanks for your sincerity 1 Like |
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