₦airaland Forum

My friends younger brother Donald lived a rough life, got some unexplainable wealth and died intestate last 3weeks, Theo my friend is the eldest son of the family and was not in good terms with Donald for a long time even before his death due to his Lavish and shady life style.

2weeks after Donald's death, a lady who had 2 children for him but was never introduced as a wife to the family decides to take legal action against Donald's siblings in respect to his property. She put up petition against all the sons in the Family for "FRADULENT CONVERSATION OF PROPERTY", no one has touched the property yet, even the deceased mother is yet to be aware of the Sons death as I type this, but the deceased father is late.

in regards to the petition Police invited Theo to defend himself, the petition was not attended to on the day he appeared and he ended up parting with enormous sum for Bail to avoid being detained till they have time to attend to the issue (it was a delay tactic obviously for the bail money. trust Nigeria police). On the day they reappeared, the police hear the case and discovered it's all for the property and that Theo isn't really connected nor interested in any of the property, he also made his intentions known of having no Interest in the deceased life nor property, he's neither interested in accepting any child nor the lady who dragged him to station.
THE police suggest that they should go home and settle and formally accept the lady and her kids out of God's love and return with family resolution in 2days time but Theo is bittered because of the false accusations, embarrassment, waste of funds and time at the station on matter he knew nothing about. He's not interested in having any resolution meeting, nor anything that has to do with Donald's property, nor the lady nor the kids... He is not ready to go back to the station.
Now, someone informed him that the lady threatens to go to court

The questions are:

1. Can court force anyone to take responsibility of children that doesn't belong to them? Or is it the responsibility of eldest son to accept other siblings wife?

2. What can Theo do is such case as this? Sincerely, He has never shown interest in Donald's property nor is he interested now, he just want to live on his own and in peace.
He's a hustling young man who doesn't have enough to spare for court case.

3. If she eventually goes to court as threatened, and Theo fails to Honor court summons, what will happen?

4. What can she sue for here

All the properties in question are already in police custody now .
The lady had children for other men previously, and she seems to have a lawyer BF who's fronting for her wanting to impose herself on Theo.
The lady in question was not legally married to Donald, neither was she at any time introduced to Theo as a wife nor baby mama while Donald was alive, as far as the family is concerned, Donald was not yet married before he died.

The court might order for DNA

I don't know too much but I think this Theo guy is one weak ass. A girl he doesn't know before, she's not even legally married to his brother, not even sure the kids are his brothers and he's letting police arrest him for what? paying bail for what? if na me I no go even reach the police station at first or have anything to do with the lady. abi if he doesn't ever say a word to her will heaven fall, since he's not interested in the property he should just live his life like his own brother never even existed. that's what I will do and no useless police can detain or arrest you in their station because one hoe wrote one stupid petition that doesn't even involve you or have evidence to back up.


Different people dey sha, just for letting me part bail money girl wey I go do arrange thugs make they disfigure her, cut her 2 ears comot and maybe her right hand mtchew.

Bola146:
The court might order for DNA

That should be done by the lady in question right?

Sugardick:
I don't know too much but I think this Theo guy is one weak ass. A girl he doesn't know before, she's not even legally married to his brother, not even sure the kids are his brothers and he's letting police arrest him for what? paying bail for what? if na me I no go even reach the police station at first or have anything to do with the lady. abi if he doesn't ever say a word to her will heaven fall, since he's not interested in the property he should just live his life like his own brother never even existed. that's what I will do and no useless police can detain or arrest you in their station because one hoe wrote one stupid petition that doesn't even involve you or have evidence to back up.


Different people dey sha, just for letting me part bail money girl wey I go do arrange thugs make they disfigure her, cut her 2 ears comot and maybe her right hand mtchew.

I'll agree to the Bolded.
Now that he just want to be on his own, does the lady has a case to take him to court for not wanting to relate?

I read every godamn thing up their, well Theo is a weakling then this is not a case
Theo should not back off, if u are in Lagos I will refer u to an officer that will fight for Theo free of charge

Adetomi01:
That should be done by the lady in question right?

Yes or the man's family too

brownemmanuel43:
I read every godamn thing up their, well Theo is a weakling then this is not a case
Theo should not back off, if u are in Lagos I will refer u to an officer that will fight for Theo free of charge

If trying to stay out from trouble is same as being a weakling, i agree he is.
This is Nigeria where who has money can deal with who doesn't without the law looking at who's right or wrong, it's so pathetic

There is no case. Since she is not legally married to the late guy, she has no claim! She was never introduced to the family as the wife. Who knows, she might just be an opportunist wanting to get access to the wealth bequeathed by the deceased. She might also be used by some people to get access to the funds. The Theo guy should be involved. He doesn't need to spend anything. If he's in Lagos, he should just head to the Office if the public defender and explain everything. The government will take the case up and he won't have to pay anything.

famouscargo4u:
There is no case. Since she is not legally married to the late guy, she has no claim! She was never introduced to the family as the wife. Who knows, she might just be an opportunist wanting to get access to the wealth bequeathed by the deceased. She might also be used by some people to get access to the funds. The Theo guy should be involved. He doesn't need to spend anything. If he's in Lagos, he should just head to the Office if the public defender and explain everything. The government will take the case up and he won't have to pay anything.

Do you know if public defence office is also available in other Nigeria state?

It is purely a civil matter and the police has no business at all and will just be eating your money. If Theo can't afford a lawyer, he should go to court himself appear before the Judge and tell the Judge he is yet to get a lawyer, the court will direct him to the state department that offer free legal services for such. Is she married to him ,no, except she can prove it.

Now when someone dies intestate, you apply for probate at the probate registry of the high court of that state to allow you administer the property. Who can apply for probate, a legal wife, if none, the children, if none parents, if none siblings, if none siblings of half blood, that's the order till it gets to uncles and aunties sef. Administrators of the estate will be appointed.

So let Theo meet her in court, no big deal about court so he shouldn't be scared,court allows you to open your mouth and talk. All the times he will appear in court can't be more than 4 times in a year. The case might not finish in 4 years sef. He needs to defend his family else judgement will be given on basis of what the lady presents. Doesn't mean she will win anyways.

Let her tell the court whether she was married to him and the right she has to the property she is fighting for. The court may order a DNA and may direct how the children should be taken care of if they belong to him.

Adetomi01:
Do you know if public defence office is also available in other Nigeria state?

No, only in Lagos.

First, this is The Law, whoever takes up the benefits of Theo's possessions must also take up his liabilities.

Secondly, Everyone has a right to refuse to step into the stead of their Ceased relative and the that right to step into the position of the Ceased is Transferred to Other Members of the Family based on Order of Priority.

Therefore, in answering your questions below, the first thing that must be determined and settled is who is entering into the stead of the-Ceased.

After the determination of the Ceased's Replacement, then such person can make can thereafter take such steps as is necessary to reasonably determine Theo's True Liabilities.

Adetomi01:
Now, someone informed him that the lady threatens to go to court

The questions are:

1. Can court force anyone to take responsibility of children that doesn't belong to them? Or is it the responsibility of eldest son to accept other siblings wife?

2. What can Theo do is such case as this? Sincerely, He has never shown interest in Donald's property nor is he interested now, he just want to live on his own and in peace.
He's a hustling young man who doesn't have enough to spare for court case.

3. If she eventually goes to court as threatened, and Theo fails to Honor court summons, what will happen?

4. What can she sue for here

All the properties in question are already in police custody now .
The lady had children for other men previously, and she seems to have a lawyer BF who's fronting for her wanting to impose herself on Theo.
The lady in question was not legally married to Donald, neither was she at any time introduced to Theo as a wife nor baby mama while Donald was alive, as far as the family is concerned, Donald was not yet married before he died.

Seeing as he is not interested in contesting her claims to the property,he ought to engage a Lawyer who shall make an application to the Court informing it of this fact and seeking that he be removed from the matter!

That way he has no further business with the Court matter!

This one pass Law School question oooo

Adetomi01:
My friends younger brother Donald lived a rough life, got some unexplainable wealth and died intestate last 3weeks, Theo my friend is the eldest son of the family and was not in good terms with Donald for a long time even before his death due to his Lavish and shady life style.

2weeks after Donald's death, a lady who had 2 children for him but was never introduced as a wife to the family decides to take legal action against Donald's siblings in respect to his property. She put up petition against all the sons in the Family for "FRADULENT CONVERSATION OF PROPERTY", no one has touched the property yet, even the deceased mother is yet to be aware of the Sons death as I type this, but the deceased father is late.

in regards to the petition Police invited Theo to defend himself, the petition was not attended to on the day he appeared and he ended up parting with enormous sum for Bail to avoid being detained till they have time to attend to the issue (it was a delay tactic obviously for the bail money. trust Nigeria police). On the day they reappeared, the police hear the case and discovered it's all for the property and that Theo isn't really connected nor interested in any of the property, he also made his intentions known of having no Interest in the deceased life nor property, he's neither interested in accepting any child nor the lady who dragged him to station.
THE police suggest that they should go home and settle and formally accept the lady and her kids out of God's love and return with family resolution in 2days time but Theo is bittered because of the false accusations, embarrassment, waste of funds and time at the station on matter he knew nothing about. He's not interested in having any resolution meeting, nor anything that has to do with Donald's property, nor the lady nor the kids... He is not ready to go back to the station.
Now, someone informed him that the lady threatens to go to court

The questions are:

1. Can court force anyone to take responsibility of children that doesn't belong to them? Or is it the responsibility of eldest son to accept other siblings wife?

2. What can Theo do is such case as this? Sincerely, He has never shown interest in Donald's property nor is he interested now, he just want to live on his own and in peace.
He's a hustling young man who doesn't have enough to spare for court case.

3. If she eventually goes to court as threatened, and Theo fails to Honor court summons, what will happen?

4. What can she sue for here

All the properties in question are already in police custody now .
The lady had children for other men previously, and she seems to have a lawyer BF who's fronting for her wanting to impose herself on Theo.
The lady in question was not legally married to Donald, neither was she at any time introduced to Theo as a wife nor baby mama while Donald was alive, as far as the family is concerned, Donald was not yet married before he died.