Peter532:
Hello all,
My dad immediate elder brother who went to south africa in the 90s is back to drag their parents property claiming to be the first son.

This is someone who after he travelled only came back once and never bothered about the affair's of the family.

Their father my grandfather died 2005 he was no where to be found. my grand mother died 2018 still nothing from him.

No contributions whatever even while their parents was still alive.

He cut all sort of communications with them and now he's back to lay claim on the properties.

The family is angry but some of the elders in the extended family are getting on is side claiming he's still the senior he was never disowned but they can't say it out though.

It's obvious he came back with almost nothing and felt laying claims on their parent property is the back up plan

No will was written and some of the old buildings has been reconstructed from the scratch by my father and yet someone is laying claim on it.

I will like to know how this will go because my father is ready to fight this with his last strength and we the children are firmly behind him

There is nothing to fight about .your father should expect the owner of a thing to eventually come for it.the best your dad can do is to claim maintenance fee and burial expenses he is the entitled .

Peter532:

My father has properties of his own. thank you.

if he has properties of his own why dragging with his elder brother who has none ? And you the children willing to die for grand parents properties instead of working hard to own your personal properties? Both of them should equitably share their fathers properties as tradition demands and not your father depriving his elder brother of due inheritance. If I were you will advise my dad to leave properties for his long lost brother who failed to make fortune despite years of unfruitful sojourn. Sallam

I just hope y'all are not depending on the properties

Your father should have changed ownership and property documents to his name since na.

Wether you like it or not he is still the first son and still entitled to his father's property. Wat if he told u people he was sick or in prison nko? It doesn't stop him from being a member of d family.

Which kind law be this? Pls educate us.
Are you a lawyer or you heard this from someone.
Better still you can quote the part of the constitution, criminal or penal code to support your claim!
Jah Bless

ForChrist1:


Hmmm, but would you not be putting yourself in the bad books of the law by doing such?

If you build a house on another man's land, by virtue of the law, the house becomes the other man's property I believe. And if you demolish that house, you would be liable to prison sentence for damages to someone else's property.

OP's father by law would have to forfiet the house to the man along with the land except the family can reach some sort of resolution or except the man himself consents to remove the structure from his land.

Hmmm, Klass captain,

Abeg try dey take am easy with your conclusions and decision making o. Don't always make hasty conclusions on critical issues out of anger but rather, seek advice, think deeply and pray over it.

Cheers.

Peter532:

My father has properties of his own. thank you.

Then ur dad shouldn't bother to share their late parents properties?
If he truly has as u claimed. Except, he is just been greedy to his brother. In my place, ur uncle is entitled to 70% of der parents properties even if he is dead, as long as he has a male child. When d share der parents properties d child will still carry b4 ur dad.

Exodus15v11:
If your father has documents as proof that he reconstructed them, then they are his. Your obviously-broke Uncle is no different from a thief trying to reap where he didn't sow.

Not true, you don't have right to construct on another man's land.

Peter532:
Hello all,
My dad immediate elder brother who went to south africa in the 90s is back to drag their parents property claiming to be the first son.

This is someone who after he travelled only came back once and never bothered about the affair's of the family.

Their father my grandfather died 2005 he was no where to be found. my grand mother died 2018 still nothing from him.

No contributions whatever even while their parents was still alive.

He cut all sort of communications with them and now he's back to lay claim on the properties.

The family is angry but some of the elders in the extended family are getting on is side claiming he's still the senior he was never disowned but they can't say it out though.

It's obvious he came back with almost nothing and felt laying claims on their parent property is the back up plan

No will was written and some of the old buildings has been reconstructed from the scratch by my father and yet someone is laying claim on it.

I will like to know how this will go because my father is ready to fight this with his last strength and we the children are firmly behind him

If you guys are Igbo
Then your father has a big wahala ahead of him

Because in Igbo culture
The first son inherits the Obi and main property the father Left

Other sons are given other properties or lands but the main property where the Father lived belongs to the first son

It's non debatable in Igbo culture

I don't know about other cultures

But if your grandfather left a will
The will will decide the sharing of the properties

Sometimes the father may not will anything to to the first son
And that stands

There is a case we are treating presently in the East

A big man died last year.
He was past eighty and willed his major assets to his second son
He denied the first son anything except his Obi in the village which belongs to the first son by culture

We found out the first son made small money from oil servicing deal and was looking down on his father

The father now punished him in his will
People were shocked
The Man also punished his wife because he felt the wife was the one influencing the first son


The wahala now is that the mother and first son are up in arms with the second son

Heard the second son want to sell of some of the choice Properties and relocate to the US because he is scared of his life.

The umunna and some big men are trying to resolve the whole issue


But walahi fear some fathers
They can deal with anyone with there will

But the obj or fathers Properly in the village belong to the first son

Peter532:
Hello all,
My dad immediate elder brother who went to south africa in the 90s is back to drag their parents property claiming to be the first son.

This is someone who after he travelled only came back once and never bothered about the affair's of the family.

Their father my grandfather died 2005 he was no where to be found. my grand mother died 2018 still nothing from him.

No contributions whatever even while their parents was still alive.

He cut all sort of communications with them and now he's back to lay claim on the properties.

The family is angry but some of the elders in the extended family are getting on is side claiming he's still the senior he was never disowned but they can't say it out though.

It's obvious he came back with almost nothing and felt laying claims on their parent property is the back up plan

No will was written and some of the old buildings has been reconstructed from the scratch by my father and yet someone is laying claim on it.

I will like to know how this will go because my father is ready to fight this with his last strength and we the children are firmly behind him

As Igbos, weather he is responsible or not, first son is first son. While in SA, if your father was somehow in touch, he should be taking permission from him to do anything on their father's property. The first son has the right to share their father's property amongst the children as he will, though he is guided to be fair, but even if he is not, others can only talk.
In fact, in my village, if he has his first son while his father is alive, his first son becomes their father's last son, meaning his household will be entitled to double portion after he has shared the properties, or shared by their father.

What your father should have done while their father was alive was to make him alott his desired properties to him in the presence of the elders, the first son cannot thwart that because it is a traditional will.

I advise: let your father follow land matter with caution, e dey chop head(s). Those elders hashing their support for your uncle are right, they just don't have the boldness yet to tell your father, maybe dem dey fear am because him get money.

Let your father present his cases before him and the elders and he may be considerate. Now that he came back with nothing, let him have something, and what rightfully belongs to him. Do not intimidate him out of his right, he can fight dirty with the spirits as him no get money. Let the poor returnee breath

I vowed never to drag any of my father's property with anyone right from childhood, Na purchased land I dey hold unto, NOBIDY CAN DRAG THAT WITH ME.

BE WISE BRO. Aldo talk to your father's family to pipe low.

Your father better give him his right, it is our culture.

We must obey our cultures in all arears , not when it comes to women ,you people will start shouting men should obey culture and marry two wives. Your father must obey this culture.

You and your father can go to the village, let first Son take what is rightfully his own.

djon78:



If you guys are Igbo
Then your father has a big wahala ahead of him

Because in Igbo culture
The first son inherits the Obi and main property the father Left

Other sons are given other properties or lands but the main property where the Father lived belongs to the first son

It's non debatable in Igbo culture

I don't know about other cultures

But if your grandfather left a will
The will will decide the sharing of the properties

Sometimes the father may not will anything to to the first son
And that stands

There is a case we are treating presently in the East

A big man died last year.
He was past eighty and willed his major assets to his second son
He denied the first son anything except his Obi in the village which belongs to the first son by culture

We found out the first son made small money from oil servicing deal and was looking down on his father

The father now punished him in his will
People were shocked
The Man also punished his wife because he felt the wife was the one influencing the first son


The wahala now is that the mother and first son are up in arms with the second son

Heard the second son want to sell of some of the choice Properties and relocate to the US because he is scared of his life.

The umunna and some big men are trying to resolve the whole issue


But walahi fear some fathers
They can deal with anyone with there will

But the obj or fathers Properly in the village belong to the first son

What are they resolving? They want to thwart the late man's will? What the second son is about to do is exactly what I would do. She the first son get oil.money, let him go and buy properties na. Please, you guys should let the second son breath.

Peter532:
Hello all,
My dad immediate elder brother who went to south africa in the 90s is back to drag their parents property claiming to be the first son.

This is someone who after he travelled only came back once and never bothered about the affair's of the family.

Their father my grandfather died 2005 he was no where to be found. my grand mother died 2018 still nothing from him.

No contributions whatever even while their parents was still alive.

He cut all sort of communications with them and now he's back to lay claim on the properties.

The family is angry but some of the elders in the extended family are getting on is side claiming he's still the senior he was never disowned but they can't say it out though.

It's obvious he came back with almost nothing and felt laying claims on their parent property is the back up plan

No will was written and some of the old buildings has been reconstructed from the scratch by my father and yet someone is laying claim on it.

I will like to know how this will go because my father is ready to fight this with his last strength and we the children are firmly behind him

If I may ask, was ur father praying dat his senior brother doesn't come back or should die in foreign land?

Plz, irrespective of how long he stayed, he has rights to his entitlements. U don't even know why he didn't come home.

My dad's younger brother was being seen as a stingy man by us(the children), why...? because he brought nothing for us wen he came back from Germany after a very long time. He was just making us unending promises.
But we later found out dat he was in prison all d while. My dad was fully aware. Dey were communicating through letters. He could've faced such case.
So, sometimes it's not usually good to judge people from afar.

Peter532:
Hello all,
My dad immediate elder brother who went to south africa in the 90s is back to drag their parents property claiming to be the first son.

This is someone who after he travelled only came back once and never bothered about the affair's of the family.

Their father my grandfather died 2005 he was no where to be found. my grand mother died 2018 still nothing from him.

No contributions whatever even while their parents was still alive.

He cut all sort of communications with them and now he's back to lay claim on the properties.

The family is angry but some of the elders in the extended family are getting on is side claiming he's still the senior he was never disowned but they can't say it out though.

It's obvious he came back with almost nothing and felt laying claims on their parent property is the back up plan

No will was written and some of the old buildings has been reconstructed from the scratch by my father and yet someone is laying claim on it.

I will like to know how this will go because my father is ready to fight this with his last strength and we the children are firmly behind him

Does the tradition agree with his stance?

If above answer is yes then he should refund your dad for expenses incurred in maintaining the building.

With die respect, ur dad na thief.
So he renovated a joint property so it could become his personal property.

Who told u that u or ur dad is in a position to determine that ur uncle should be punished by not getting a dime. The only person with such power is the owner of the property; ur grand parents who are unfortunately dead.

ruffhandu:


What are they resolving? They want to thwart the late man's will? What the second son is about to do is exactly what I would do. She the first son get oil.money, let him go and buy properties na. Please, you guys should let the second son breath.

Actually the man's will stands

It's just that everyone was shocked

He really dealt with the first e

But he caused it
Looking down on a Man that was a big odogwu in his hey days

This is a very big lesson
People should be careful how they relate with there parents when they feel they have arrived

Because these old people know how to deal with stubborn children even from the grave

ednut1:
he cut off communications. What if he was dead in South Africa or never showed up The properties should have been left to rot?

But he is not dead, is he?

olril17:

Oyaa calm down
The guy said they weren’t staying on the property,they have their own house.
It’s human nature to feel the way the father of the guy is feeling even you will feel the same way so it’s unreasonable to blame the man.
He wasn’t the reason why the elder brother went awol and incommunicado for so long and the guy said his father basically had to renovate some of the properties from scratch.
If you have spent money on a thing because its reasonable for you to do so and someone who have been incommunicado for 37 years just show to start claiming and dragging you will feel the same way.
So I disagreed with blaming the father of the guy.
But when common sense prevails it’s only reasonable that a fair share should be given to the elder brother.

They weren’t on the property and was the property left empty or they rented it out?

Peter532:
Hello all,
My dad immediate elder brother who went to south africa in the 90s is back to drag their parents property claiming to be the first son.

This is someone who after he travelled only came back once and never bothered about the affair's of the family.

Their father my grandfather died 2005 he was no where to be found. my grand mother died 2018 still nothing from him.

No contributions whatever even while their parents was still alive.

He cut all sort of communications with them and now he's back to lay claim on the properties.

The family is angry but some of the elders in the extended family are getting on is side claiming he's still the senior he was never disowned but they can't say it out though.

It's obvious he came back with almost nothing and felt laying claims on their parent property is the back up plan

No will was written and some of the old buildings has been reconstructed from the scratch by my father and yet someone is laying claim on it.

I will like to know how this will go because my father is ready to fight this with his last strength and we the children are firmly behind him

traditionally if it is in the southeast and there is no will written by the late father the first born automatically inherits the late father's house,any other properties will be shared with his brothers at his discretion,the best you can do is to invite the elders of the families to share any remaining property,if it is his late father's house,forget it,it is his inheritance

1. The 90s is 33 years and under.

2. Follow whatever the elders say.

3. Wetin concern you for the matter? You have zero say. Why even bring this to Nairaland to begin with?

This is where understanding come to Play. Your father and his elder brother should settle their differences. One day both of them will die and leave the properties behind.

Nbote:
The sad truth is whether he disappeared or not, he's still entitled to a share of his Father's properties. Infact in Igbo culture as the first son he's the rightful owner of his Father's house.

Some stupid cultural practices should be discarded.

olril17:

You’re very stvpid. So it’s the fault of father that the uncle was no where to be found and the estate should have been left rotten?
And who told you if they take the case to court the court will strike their case out?
See mumu Dey talk of empathy but you saw where the guy said his father has spent money to renovate some part of the estate including building again from scratch.
So where is your empathy for the man too for the money he has spent so you mean he should just agree and leave the estate like that without considering the financial implications to him?
If you say the father and uncle should find ways to settle amicably that might have make sense but then kobo sense no Dey your empty head

U fool
Count your losses and move on
Those properties doesn't belong to ur dad
U and ur dad are criminals
U wisked ur uncle are dead so you can take his properties okwa ya.

I wish I am related to ur stupid family. I for shoot all of u. Fools. Imagine the audacity. Idiot!!!!!!!!

olril17:

Every thought the man was dead or it was a just reasonable thing to do to repair a property that is rottening away.
So if you haven’t seen a family member for over 30 years and there’s a property to renovate you will just let the property decay because you don’t think the person is dead.
Sorry man but u no too get sense.

Since it was just a repair so it won't rot away , why laying claim to it.

Why would ur dad renovate what doesn't specifically belong to him.

HE SHOULD HAVE LEFT IT!!!!!!!

Klass99:


If I were your father I will simply undo every renovation work done on properties he is laying claim to and let him have them, after I have returned said properties to their former state and status. I hate nonsense and stupidity sha.

Plz, no dey add plenty emotions.

The kingsmen can even penalize the so-called younger brother for indirectly wishing his elder brother death. Cos, from his body language, he's praying his elder brother doesn't come back.

We ain't just talking about building here o, wot about d land d building is situated on?

If the father's building belongs to d first son, den, d younger brother renovating, he should b commended for his good gesture, but dat doesn't give right to d ownership of d building/the land.

In my area, the second to d last born was d first person da made money as a very tender age. He built wide bungalow where d entire family lived. They've now shared inheritance and he was given an empty land where he now build his own house and living with his family. The eldest brother now own d bungalow the were combinely living in... but is now super rich da he has built beautiful duplex near d bungalow and is even about demolishing d bungalow sef. But den, wot the eldest brother never did was to send anybody out of da pioneer building. U can live there till U're able to build ur own house.

Exodus15v11:
Not if one party reconstructed/renovated it and funded the project himself.

That's sheer magnanimity, the one that renovated it was being magnanimous since the land belong to their father. The property is not exclusively his

Peter532:

My father has properties of his own. thank you.

Then why is he ready to fight his brother with the last drop of his blood over their father's land?

Nyanabo:
Simple matter. Since he wasn't disowned then there's no case. But since the buildings were reconstructed by your dad, he should draw up the expenses it incrued then split it amongst themselves.

I laugh at some comments,it seems many folks don't even know the intricate web of village politics,if he claims he renovated the house,his brother will claim that he actually defaced his property without his consent,if the house in question is the family house then it belongs to the firstborn but he has no authority yet to evict any of his brothers until they build their own house,but if the house in question is a rented town house apart from the family house then it will be shared by the brothers,in some cases what usually happens is they sell the rented house and split the money

kayperry:



where there is no "will" there is little court can do, culture/tradition supercedes but however fairness should be applied

Here in the North, there is sharia court to sort things out. Will or not

IconicR:
No will was written and that means your father has no case

He wasn't disowned either, so the elders are right.

The elders are not right before the Court of Law. Customs that are repugnant to natural justice are typically thrown out by the courts. Read recent court judgements on attempts by families to prevent daughters from sharing in their decesed Fathers' Estates in the name of customs and you would know better.

Nbote:
The sad truth is whether he disappeared or not, he's still entitled to a share of his Father's properties. Infact in Igbo culture as the first son he's the rightful owner of his Father's house

@ the bolded.

It is also the practice in Benin Kingdom, the property is popularly called the Igiobe.

The eldest son is the rightful owner of the property and it is established by the Nigerian courts as well, down to the Supreme Court.

Peter532:
Hello all,
My dad immediate elder brother who went to south africa in the 90s is back to drag their parents property claiming to be the first son.

This is someone who after he travelled only came back once and never bothered about the affair's of the family.

Their father my grandfather died 2005 he was no where to be found. my grand mother died 2018 still nothing from him.

No contributions whatever even while their parents was still alive.

He cut all sort of communications with them and now he's back to lay claim on the properties.

The family is angry but some of the elders in the extended family are getting on is side claiming he's still the senior he was never disowned but they can't say it out though.

It's obvious he came back with almost nothing and felt laying claims on their parent property is the back up plan

No will was written and some of the old buildings has been reconstructed from the scratch by my father and yet someone is laying claim on it.

I will like to know how this will go because my father is ready to fight this with his last strength and we the children are firmly behind him

You father made a small mistake. He can’t renovate things that wasn’t shared. He was suppose to renovate only what belongs to him. Right now. Everyone must break even. Your father older brother can have his property but must pay every maintenance fee on that property or your father would leave it or remove the upgrade on those property. Eithers ways your father can’t gain it all