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Mother Or First Son, Who Is Entitled To The Late Father's Property - Family (6) - Nairaland

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by NamelessOGBENI(m): 8:18pm On Aug 09
E Be laik say abobi no tu gbadun hin old man wife abi wetin dey sup laikdiz

I for put my mouth but this na family yarn, so make I bounce....
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by okine4real: 8:22pm On Aug 09
Forget about the mother, African like to talk with sentiment. In customary law, its States that the First Son inherits what his father has, that is through, but that law has a CLAUSE. THE CLAUSE IS, IF YOU TAKE THE GAIN, YOU ALSO TAKE THE BURDEN. If he wants to evict his mother that is his business, but HE HAS TO TAKE CARE OF THE MOTHER TILL SHW DIES AND ALSO TAKE CARE OF HIS SISTERS TILL THEY GET MARRIED. But while will a sensible man wants to evict his own mother from her husbands house? Is he stupid? His mother ohh.

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by nedekid: 8:25pm On Aug 09
If the mother was legally married to the father ie under English law (Canon law I think it is called), and the man did not leave a will, automatically, the wife is the inheritor to the later husband's assets.
In the absence of the wife, then the children of the union in respective of male, first born all are equal beneficiaries. If no children, then the parents of the man. In absence of the parents, his siblings.
Note, even if the man had accounts in which he put his son a next of kin, a valid marriage certificate, supercedes next of kin.
In this case, bearing the above, the wife is the beneficiary of the Late man's assets.
Lawyers can explain better.

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by bukatyne(f): 8:25pm On Aug 09
Slimslimqq:
oh! My bad. I didnt seem to read it well. He's a Yoruba boy. Ibadan

He can't be Yoruba.

A Yoruba man cannot be this senseless. undecided
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by josephft2000: 8:26pm On Aug 09
LEGALLY ITS THE MOTHER
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by perambulator: 8:26pm On Aug 09
aribisala0:


You are mistaken about the mother

There is no such tradition in Yoruba land

Yes you are right female children have equal inheritance as their brothers but wives have zero , repeat zero inheritance rights in Yoruba traditional law and this has been tested and established in court

e.g
Suberu v Sunmonu,

"Wives are chattels than can be inherited"


I suppose In a scenario where there are many wives that may hold but in a scenario where there is only 1 wife, you dare kick your mother out. Dem no born you well!!!!

EDIT: I just checked, "This customary law practice was therefore abolished in the recent case of Ukeje v Ukeje"

https://www.escr-net.org/node/414642

The Supreme Court having recognized that the discriminatory practices against women are not justifiable. They do not only wreak havoc in families, they are also dragging down the pace of societal and national development. This customary law practice was therefore abolished in the recent case of Ukeje v Ukeje (2014) 11NWLR (Pt 1341) 185SC The Supreme Court ruling voided the centuries-old Igbo tradition that barred females from becoming beneficiaries of family estates, especially in their towns and villages. Ruling this Igbo custom as discriminatory and in conflict with Sections 42 (1a and 2) of the 1999 Constitution.

Justice Bode Rhodes-Vivour, who read the lead judgment, held that no matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late father’s estate. Consequently, he averred, the Igbo Customary Law which disentitles a female child from partaking in the sharing of her deceased father’s estate, is in breach ofSection 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian. The landmark judgment, therefore, declared the discriminatory customary law, void.

In another case on the same subject, the apex court held that Nigerian customs which disinherit women are repugnant to natural justice, equity and good conscience and should therefore not be allowed to stand. Thus, the court, declared as repulsive the custom of the Awka people in Anambra State which allows married women to be disinherited upon the death of their husband because they could not produce a male child for the late husband.

The decision followed the case of Anekwe v Nweke(2014) NWLR (Pt 1412) a widow, Mrs. Maria Nweke, who in 1991, instituted a case at the Awka Division of the Anambra State High Court. She had among other things, prayed the court to declare that she was the person entitled to statutory right of occupancy of a parcel of land situated at Amikwo village.

The Supreme Court in its judgment delivered by Justice Ogunbiyi said; “I hasten to add that the custom and practices of Awka people upon which the appellants have relied is hereby out rightly condemned in very strong terms.

“A custom of this nature in the 21st century societal setting will only tend to depict the absence of the relatives of human civilization. “It is punitive, uncivilized and only intended to protect the selfish perpetuation of male dominance which is aimed at suppressing the right of the women folk in the given society.”

“One would expect that the days of such obvious differential discrimination are over. “Any culture that disinherits a daughter from her father’s estate or wife from her husband’s property by reason of God instituted gender differential should be punitively dealt with. “The punishment should serve as a deterrent measure and ought to be meted out against the perpetrators of the culture and custom. “For a widow of a man to be thrown out of her matrimonial home, where she had lived all her life with her late husband and children, by her late husband’s brothers on the ground that she had no male child, is indeed very barbaric, worrying and flesh skinning”,
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by illmatic101(m): 8:27pm On Aug 09
Slimslimqq:
Good evening elders.

A friend of mine needs urgent advice before taking a bold step.

He relocated to south Africa 6 years ago, and since he traveled he has been sending home some amount of money to help his father complete his house.

So last year, unfortunately his father died and has since been buried.

He just arrived from south Africa since then. Now he wants to renovate his fathers house to 3 bedroom flat because he's planning to marry next year, He's not returning to south Africa.

But, his mom declined and said she won't allow him take over the house from her, though he promised to rent an apartment for her but declined.

Now this has caused a lot of problem between the mother and son, because the son claims he built d house to that stage but the mother is claiming she is his mother and the wife to the late owner(father).

He's planning on taking drastic steps which I have advised him against, but he seems not to understand everything I'm saying.

I told him about nairaland, that there are experienced people who will give him d best advise and he's given me a go ahead.

I will be sending these page link to him, so he can hear from d public and then know what to decide.

He needs your sincere advise.

Thanks

Please help us help a brother

So you want your mum to live her husband house to a rented one you get sense at all?
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by nedekid: 8:29pm On Aug 09
NaijaNile:
So.. This guy has such low confidence in himself that he thinks he can never build another house in his life time, and is dragging house with his mother... His own mother o!!!!!

My advice to him:
1. He should finish the house to taste, and hand it over completely to his mother. He will receive prayers and blessings that will pave way for big things in his life

2. He should go and rent a place, even if 1room for himself and his bride. If he truly loves the girl he wants to marry he will avoid trouble by not bringing her into the house he's fighting his mother over. If the girl is stupid enough to follow him to live in the house then it means he married an unwise woman and the marriage will most likely hit the rocks.

3. Once he does 1 and 2, he now needs to continue to support his mother. He owes his siblings little or no obligations but can help if he has the means... But he has a new bride now so he has more responsibilities.

4. Continue to trust God and leave the rest to him. But in my own experience he will still build a bigger and better house if he does not disrespect his mum over one house.
Oga you are right up to number 3. His siblings under Canon law have as much right to property as he does. Not 1kobo less.
https://www.vanguardngr.com/2020/08/supreme-courts-decision-on-female-inheritance-divides-igbo/amp/
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by OBTOREPA(m): 8:30pm On Aug 09
So had it been that the father is still alive, he would've chased him away too?
That house is a family house and as far as the mother and other siblings are still living there,tell your friend to go and rent another apartment for himself. Even his father is weeping seriously for him now where he is.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by cosade(m): 8:32pm On Aug 09
Slimslimqq:
Good evening elders.

A friend of mine needs urgent advice before taking a bold step.

He relocated to south Africa 6 years ago, and since he traveled he has been sending home some amount of money to help his father complete his house.

So last year, unfortunately his father died and has since been buried.

He just arrived from south Africa since then. Now he wants to renovate his fathers house to 3 bedroom flat because he's planning to marry next year, He's not returning to south Africa.

But, his mom declined and said she won't allow him take over the house from her, though he promised to rent an apartment for her but declined.

Now this has caused a lot of problem between the mother and son, because the son claims he built d house to that stage but the mother is claiming she is his mother and the wife to the late owner(father).

He's planning on taking drastic steps which I have advised him against, but he seems not to understand everything I'm saying.

I told him about nairaland, that there are experienced people who will give him d best advise and he's given me a go ahead.

I will be sending these page link to him, so he can hear from d public and then know what to decide.

He needs your sincere advise.

Thanks

Please help us help a brother

If he’s from the South West, the mother has more right to the house than your friend.

If he’s an Easterner, I have heard people saying the first son takes all.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 8:34pm On Aug 09
perambulator:


I suppose In a scenario where there are many wives that may hold but in a scenario where there is only 1 wife, you dare kick your mother out. Dem no born you well!!!!
They are separate issues

This is not about mother vs son necessarily but the Supreme Court has spoken
A woman cannot inherit her husband's property because she is property herself that can be inherited
If a man subject to Traditional law dies intestate with no chidren her husbands family inherit his property

There is a difference between law and commonsense

However That thing that has never happened has never happened
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by bukatyne(f): 8:35pm On Aug 09
Wittyduchess:
Legally the house belongs to the wife, in absence of a will by the deceased.


That first son gibberish is tradition not according to laws of the federal republic of Nigeria.



But the question that keeps bugging me is this;

If his father was still alive, now that he has returned from South Africa to marry and settle down , would he have ejected his father from the house too? undecided

@bold:

Never say never with the crazy stories these days.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 8:35pm On Aug 09
cosade:


If he’s from the South West, the mother has more right to the house than your friend.

If he’s an Easterner, I have heard people saying the first son takes all.

Have you read

Suberu v Sunmonu, 1957??

It is not about where he is from alone

Did he leave a will?

Did they marry under the Marriage Act or traditionally?
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by TWLifestyle: 8:35pm On Aug 09
What kind of disgusting behaviour.is that ? Old people need stability - is young people that can be moving up and down without consequences and think it's adventure. She is already used to that house and I'm sure that's where she would feel closest to her husband . May we never born children that will turn us out of our homes for flimsy reasons .

1 Like

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by perambulator: 8:38pm On Aug 09
aribisala0:
They are separate issues

This is not about mother vs son necessarily but the Supreme Court has spoken
A woman cannot inherit her husband's property because she is property herself that can be inherited
If a man subject to Traditional law dies intestate with no chidren her husbands family inherit his property

There is a difference between law and commonsense

However That thing that has never happened has never happened

check my edited post. The precedent you cited has been superceeded by Ukeje v Ukeje (2014) (female child) and Anekwe v Nweke (2014) (widow)

I know we still practice our traditions despite the law but the law is now clear!!!

1 Like

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Icumsa45(m): 8:38pm On Aug 09
A friend of mine is in the exact same situation and the mom wants him dead. True story o!
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by cosade(m): 8:39pm On Aug 09
aribisala0:


Have you read

Suberu v Sunmonu, 1957??

It is not about where he is from alone

Did he leave a will?

Did they marry under the Marriage Act or traditionally?

If there is a will, “his friend” will not come here to ask the question.

In Yoruba land, you can’t drive your father’s wife from the house she had live with her husband, except there is another befitting house she can move into.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by TWLifestyle: 8:45pm On Aug 09
If his father had not died Would he have sent the old man packing cause he wants to relocate to naija ? I'm sure he wouldn't have tried it - he would have rented a place . Stupid human being
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by IKEPENTECOST: 8:48pm On Aug 09
Pavore9:
For him to be the first son means he has siblings, those siblings have a right to live in their father's house till they get settled enough to live independently....it is their family's house irrespective of how the first son supported their late father in the building.

We have heard your�
Please can you now answer the the question?
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Wagasigiungu(m): 8:50pm On Aug 09
Slimslimqq:
Good evening elders.

A friend of mine needs urgent advice before taking a bold step.

He relocated to south Africa 6 years ago, and since he traveled he has been sending home some amount of money to help his father complete his house.

So last year, unfortunately his father died and has since been buried.

He just arrived from south Africa since then. Now he wants to renovate his fathers house to 3 bedroom flat because he's planning to marry next year, He's not returning to south Africa.

But, his mom declined and said she won't allow him take over the house from her, though he promised to rent an apartment for her but declined.

Now this has caused a lot of problem between the mother and son, because the son claims he built d house to that stage but the mother is claiming she is his mother and the wife to the late owner(father).

He's planning on taking drastic steps which I have advised him against, but he seems not to understand everything I'm saying.

I told him about nairaland, that there are experienced people who will give him d best advise and he's given me a go ahead.

I will be sending these page link to him, so he can hear from d public and then know what to decide.

He needs your sincere advise.

Thanks

Please help us help a brother

I was waiting to read that the said mother is a step mother to him. What is wrong with kids of this generation. He wants to send his biological mother out of a house she dreamt to live in with her husband who incidentally is his deceased father. Does he know what dreams and aspirations of living in their own house they nurtured before the cold hands of death struck.

He should just rent another apartment and work towards building a anew home with his wife.

That guy na case study of what a child should not be. So he was co-funding the house project with his dad hoping to be a shareholder or what? If the father dey alive now, then shey e go say make d papa move out cos he wants to marry and as per se na him contribute the lion share. Smh.

How can he even look his mum in the face and tell her that. The wife self no go happy about him decision.

He is supposed to be the new head of the family as per 1st born and only but, but obviously he isn't ready to fill such big shoes. I pity his mum and other siblings.

Na dis kind ppl go dey help u with one hand, but dey calculate how to take over ur property all cos dey gave u financial support. They consider any help they render to family as investment. Pathetic to say the least.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 8:50pm On Aug 09
perambulator:


check my edited post. The precedent you cited has been superceeded by Ukeje v Ukeje (2014) (female child) and Anekwe v Nweke (2014) (widow)

I know we still practice our traditions despite the law but the law is now clear!!!
You are missing two points

1. The index Judgment was by the Supreme Court not a lower court . so the question of Superceding does not arise
2. They refer to different matters and different traditions completely The female child issue has no bearing whatsoever as it deals with discrimination in favour of "brothers" that are identifiable and parties to the suit if and where they exist. So that is a red herring

Until the Supreme Court reverses itself on the matter as it relates to Yoruba tradition that authority stands
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by rajiedreez: 8:51pm On Aug 09
He's from Ibadan abi, na mumu he be. First na him papa wey get land get house. And since that's the only available house, he has no right to evict any of the family for him to bring his wife into the house. For him to think of sending his mother to a rented house shows that he's first class omoale.
To answer your question na all of his siblings and mother get right to the property since there's no will to show that the father has given it to only him
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by esiri4jesu(m): 8:51pm On Aug 09
Slimslimqq:
Good evening elders.

A friend of mine needs urgent advice before taking a bold step.

He relocated to south Africa 6 years ago, and since he traveled he has been sending home some amount of money to help his father complete his house.

So last year, unfortunately his father died and has since been buried.

He just arrived from south Africa since then. Now he wants to renovate his fathers house to 3 bedroom flat because he's planning to marry next year, He's not returning to south Africa.

But, his mom declined and said she won't allow him take over the house from her, though he promised to rent an apartment for her but declined.

Now this has caused a lot of problem between the mother and son, because the son claims he built d house to that stage but the mother is claiming she is his mother and the wife to the late owner(father).

He's planning on taking drastic steps which I have advised him against, but he seems not to understand everything I'm saying.

I told him about nairaland, that there are experienced people who will give him d best advise and he's given me a go ahead.

I will be sending these page link to him, so he can hear from d public and then know what to decide.

He needs your sincere advise.

Thanks

Please help us help a brother

He should get apartment for himself and leave the mother and siblings to stay in the house. The house is still his after the mother joins her ancestors. However, if the mother remarried to another man, she should vacate the house.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Richhard(m): 8:52pm On Aug 09
Tell him he's dumb and ungrateful twa.t for trying to evict his mom from her husband, he decided to spend on it on his own accord, so he should go rent an apartment and man up.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by donjahsy(m): 8:52pm On Aug 09
Traditionally he the first son owns the house when the father is late, but he can only make claim of the house only when the mother and the sisters/brothers are much settled in their various husband's house and the brothers have a place of their own to move in. He doesn't have the right to evict any of them. But in case he intends to renovate the house he must provide a place for the mother and his siblings and after renovation they will move into the house back.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Octobertwentysix(f): 8:53pm On Aug 09
frozen70:


For his mother to be dragging with her son, it means that both of them are not getting along and have never gotten along all the while, even when his dad was alive

For his own interest and safety
Let him forget about that particular house and look for space to build his own house

The mother can use his siblings to fight him because of that house

His mother can maim him because of that house

The whole family can be against him because of that house

At the end, he will finish the house but may not be alive to leave there













We are talking about his biological mother here, when my father died, my step mom wanted to give me a share of my father's property I declined because she still needs it, some of my siblings were still in school, I was already married with a good job, I asked her to keep it, and till date I am highly respected, when I wanted to start my small company, I called her and promptly sent over 200k, same with my step sister, why are you saying his mother can maim him or make his siblings to gang up against him, what about him that wants to rent a house outside for his mom and sisters, so that they would be at his Mercy whenever the rent expires, do you know if the mom is still working, so she should start thinking about rent as well as feeding and caring for his siblings, its your type that would marry a man and turn him against his family. His mates are building houses for their mom he is fighting over his late father's property just because he assisted him while building. SHAME

1 Like

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Necksonnel: 8:55pm On Aug 09
mariahAngel:
Mumu wey suppose build house for him mama, dey follow him mama drag house! Ode!

Na wetin dem teach am for South Africa? Those ones no kuku send their parents!

Awon omokomo osi!

You said it all bro
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by bixton(m): 8:55pm On Aug 09
Slimslimqq:
Good evening elders.

A friend of mine needs urgent advice before taking a bold step.

He relocated to south Africa 6 years ago, and since he traveled he has been sending home some amount of money to help his father complete his house.

So last year, unfortunately his father died and has since been buried.

He just arrived from south Africa since then. Now he wants to renovate his fathers house to 3 bedroom flat because he's planning to marry next year, He's not returning to south Africa.

But, his mom declined and said she won't allow him take over the house from her, though he promised to rent an apartment for her but declined.

Now this has caused a lot of problem between the mother and son, because the son claims he built d house to that stage but the mother is claiming she is his mother and the wife to the late owner(father).

He's planning on taking drastic steps which I have advised him against, but he seems not to understand everything I'm saying.

I told him about nairaland, that there are experienced people who will give him d best advise and he's given me a go ahead.

I will be sending these page link to him, so he can hear from d public and then know what to decide.

He needs your sincere advise.

Thanks

Please help us help a brother


To start with, your friend's attitude just shows the woman is not his biological mother. Even if he bought the land and built everything from scratch with his money for his father he is should know that it also belongs to his mother. This attitude just shows he is has an underlying unsettling issue with the woman he calls his mother and this house is not the genesis of it.

Please kindly tell us the real issue behind all this drama.
Why will a son rent a house for his mother when her late husband has a house!!!!!! undecided
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 8:55pm On Aug 09
cosade:


If there is a will, “his friend” will not come here to ask the question. That is in your own mental operations Believing ti e ni yen

In Yoruba land, you can’t drive your father’s wife from the house she had live with her husband, except there is another befitting house she can move into. There is nothing that you cannot do in Yorubaland stranger things have happened. Anyone who has seen Gboro mi ro will tell you that .What is the Yoruba methodology for determining a befitting house
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by teemy(m): 8:55pm On Aug 09
Slimslimqq:
Good evening elders.

A friend of mine needs urgent advice before taking a bold step.

He relocated to south Africa 6 years ago, and since he traveled he has been sending home some amount of money to help his father complete his house.

So last year, unfortunately his father died and has since been buried.

He just arrived from south Africa since then. Now he wants to renovate his fathers house to 3 bedroom flat because he's planning to marry next year, He's not returning to south Africa.

But, his mom declined and said she won't allow him take over the house from her, though he promised to rent an apartment for her but declined.
...

From the bold text above Slim, it is his father's house, not his.

There is sentiment people hold dear and right now, mumsi is exercising hers by holding on to the memories of her dearly departed husband. He should allow her. He must have had his own sentimental values as he grew up and that woman he calls his mother would have had to sacrifice one or two things to have him have his way.

A few weeks ago, I was at the hospital visiting my sick day. He disrespected me in the presence of the hospital staff but I had to hold in my feelings as my words would have hurt him much more than his hurt me. If he was in his strength of before, I would have given the words of my mind (while yet being respectful) and he surely wouldn't repeat such again. But while he is in the last days of his life, there was no point hurting a weak man while trying to maintain self respect (I wan chop respect ni?).

While the house was being built, was there any discussion of "I am collecting the house back" or "I will be paid for my share of the house". Abi if pale was alive, would he say "oya come move"? He can only respect the dead by taking care of what the departed cared about and in this case, the most precious of popsi had and the one who most wants to keep his memory. Mummy.

I understand there could be the issue of low funds and not wanting to have to build a new structure from scratch due to constraints but should he dare take any drastic action, his wife would be termed the one who made him chase away his mother out of her husband's house. We used to watch movies of those 'bad uncles' that do such but for the son himself to do it would land him and his new family the ire of anyone who hears of it. In the court of public opinion, appearance is always termed guilty. No soap fit wash the stain.

As for the house, he has 'do it for God'. Let him avert his eyes off it and work towards getting a future built for his new family while keeping a cordial one with his forever family.

Slim, I admire your courage in trying to open your friend's eyes. You are not one of those that 'yes' wrong just because it is your friend doing so. Good work.

Wishing you well - Teemy

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by perambulator: 8:56pm On Aug 09
aribisala0:
You are missing two points

1. The index Judgment was by the Supreme Court not a lower court . so the question of Superceding does not arise
2. They refer to different matters and different traditions completely The female child issue has no bearing whatsoever as it deals with discrimination in favour of "brothers" that are identifiable and parties to the suit if and where they exist. So that is a red herring

Until the Supreme Court reverses itself on the matter as it relates to Yoruba tradition that authority stands

I am not a lawyer, point taken about lower courts but does the second case 9Anekwe v Anekwe) not refer to widows and a judgement of the Supreme court? isnt that the Supreme court reversing itself?

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