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Mother Or First Son, Who Is Entitled To The Late Father's Property - Family (8) - Nairaland

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Plomo: 10:09pm On Aug 09, 2021
ImaIma1:


Thank God for other traditions. My father left his properties for all the children. First daughter(first child) has more authority over what happens.

Are y’all all girls?
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by NoToPile: 10:10pm On Aug 09, 2021
okine4real:
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.

Which customary law? the bolded is not entirely applicable in Yoruba land. Even if he is the first born and the first son, na share them go share am.

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by NoToPile: 10:13pm On Aug 09, 2021
bukatyne:


He can't be Yoruba.

A Yoruba man cannot be this senseless. undecided


The senselessness is on another level, was so shocked when I saw he was Yoruba, only God knows what he's been learning where he travelled to.

1 Like

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Nobody: 10:18pm On Aug 09, 2021
aribisala0:
It is not just money
Judges are not from heaven
They have believes or prejudices
Judges did not appear in Nigeria with the white man
We have always had judges
These traditions were put there by people

They are not "dispassionate"

true especially the part about traditions, which is why I believe I wrote in one of the earlier posts that traditions will largely determine what happens in real life irrespective of the law. I think it also depends on the particular family and how far they have held on to or departed from traditions. I for instance never knew of the wife having no rights applied in Yoruba tradition.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by ImaIma1(f): 10:20pm On Aug 09, 2021
Plomo:


Are y’all all girls?


No. Girls and boys. A boy is the second.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by armyofone(m): 10:20pm On Aug 09, 2021
The house belongs to the mom at least for now. When his mom dies, he can get the house.

Where does he want his mom to go ?
He should start building another or rent a place.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by bizzibodi(m): 10:22pm On Aug 09, 2021
Why would he want to leave in family house after sojourn in SA?
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Plomo: 10:25pm On Aug 09, 2021
ImaIma1:


No. Girls and boys. A boy is the second.

Lucky you. If you were from an igbo family, only the boy would take everything.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 10:25pm On Aug 09, 2021
perambulator:


true especially the part about traditions, which is why I believe I wrote in one of the earlier posts that traditions will largely determine what happens in real life irrespective of the law. I think it also depends on the particular family and how far they have held on to or departed from traditions. I for instance never knew of the wife having no rights applied in Yoruba tradition.

Yes but there are epoch judgments that change history e.g in racial and gender equality which we are discussing here

Female discrimination exists everywhere but landmark judgments have helped reduce it
Even in Nigeria there are some landmark judgments Gani Fawehinmi secured a few
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by ImaIma1(f): 10:28pm On Aug 09, 2021
Plomo:


Lucky you. If you were from an igbo family, only the boy would take everything.


In our case, my dad left a will. When my brother tries ro exact authority, my sister threatens to call the lawyer to read the will.

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by ITbomb(m): 10:32pm On Aug 09, 2021
There's a reason it is called Family House. It is a sanctuary for all members of the family. NO single individual can claim ownership unless expressly willed out by the father
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Plomo: 10:41pm On Aug 09, 2021
ImaIma1:


In our case, my dad left a will. When my brother tries ro exact authority, my sister threatens to call the lawyer to read the will.

Well a will is good to an extent because if your dad were to be igbo, he can’t will any of his properties in his village to his daughters.

He can will any other one anywhere else but that village property will be almost impossible to do.

And it’s not like he can’t do it, it is that his greedy and wicked kinsmen will raise dust if he does it because “it is not customary”.

It has caused a lot of problems in my town, most notably with a former varsity VCs family.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by vickydevoka(m): 10:46pm On Aug 09, 2021
Who ever has de Land has de house
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by ImaIma1(f): 10:48pm On Aug 09, 2021
Plomo:


Well a will is good to an extent because if your dad were to be igbo, he can’t will any of his properties in his village to his daughters.

He can will any other one anywhere else but that village property will be almost impossible to do.

And it’s not like he can’t do it, it is that his greedy and wicked kinsmen will raise dust if he does it because “it is not customary”.

It has caused a lot of problems in my town, most notably with a former varsity VCs family.


The igbo tradition was the reason I was weary of marrying from there. When I just hear igbo name, I tear race. I can't deal with kinsmen and umunna wahala.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Harddiskng(m): 10:51pm On Aug 09, 2021
authority2006:


And where will the woman be living after selling the house she's living? On the streets I guess.

I had a Landlord that sold his house in Lagos for over N40 million and went to rent a small modest apartment in Ibadan. He was over 70 years old.


authority2006:

Hehe! You meant to say that the same house where your friend is pumping millions to can't accommodate him and his mother?
Secondly, why renovating his dad's house just to send his own mother packing out? I meant, what's this world turning into? You and that your friend no get sense o

It is either you are very stupid or you can’t read. Where did you see that I wrote he tried to send his mum packing. Leaving the house to him (inheritance and Leaving the house for him (packing out are two different things. Go and re-read to find out which i used.

It’s a very big house for your information, he was wondering whether to use his money to start building his own or upgrade the house his father left behind, hence I gave him a good advice discus with your mum, if she says the house would be yours put your money there.

Lol you don’t have sense at all.

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Plomo: 11:12pm On Aug 09, 2021
ImaIma1:


The igbo tradition was the reason I was weary of marrying from there. When I just hear igbo name, I tear race. I can't deal with kinsmen and umunna wahala.

If you marry a brave, respected and powerful man not necessarily rich sef cos there are rich men that are still weak, you’ll enjoy yourself.

If you marry a soft man, umunna would always try to take advantage of him.

When my dad was alive, I used to attend some umunna meetings with him as a child. It usually gets really heated but when my dad, with his authoritative voice, tells his fellow man that is causing a raucous to “shut up and sit down or I will use your teeth to sweep the ground” in igbo though, the man will just sit down and the meeting will continue. It used to amaze me whenever I witnessed something like that. My mom sef will take advantage of that air of powet around my dad to put some umuada members in their place. Come add money join again, I miss the man.

Had he not died, he was in line to be the next Onowu.

Asides from that women property thing, igbo men don’t joke with their wives and daughters. You will be treated like a queen regardless of financial standing. Our women are usually well taken care of. It is said that when an igbo man marries a wife, his clan also marries a wife. They will always make sure you’re comfy.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by ImaIma1(f): 11:16pm On Aug 09, 2021
Plomo:


If you marry a brave, respected and powerful man not necessarily rich sef cos there are rich men that are still weak, you’ll enjoy yourself.

If you marry a soft man, umunna would always try to take advantage of him.

When my dad was alive, I used to attend some umunna meetings with him as a child. It usually gets really heated but when my dad, with his authoritative voice, tells his fellow man that is causing a raucous to “shut up and sit down or I will use your teeth to sweep the ground” in igbo though, the man will just sit down and the meeting will continue. It used to amaze me whenever I witnessed something like that. My mom sef will take advantage of that air of powet around my dad to put some umuada members in their place. Come add money join again, I miss the man.

Had he not died, he was in line to be the next Onowu.

Asides from that women property thing, igbo men don’t joke with their wives and daughters. You will be treated like a queen regardless of financial standing. Our women are usually well taken care of. It is said that when an igbo man marries a wife, his clan also marries a wife. They will always make sure you’re comfy.

That's the scary part. If they die and leave their wives especially if the children are young.

Well it's too late now. I married from my state though a different tribe. I feel safer.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Plomo: 11:20pm On Aug 09, 2021
ImaIma1:


That's the scary part. If they die and leave their wives especially if the children are young.

Well it's too late now. I married from my state though a different tribe. I feel safer.

Lol it’s not like every man dies and leaves behind a wife and young kids na.

What tribe?
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by ImaIma1(f): 11:21pm On Aug 09, 2021
Plomo:


Lol it’s not like every man dies and leaves behind a wife and young kids na.

What tribe?


Anang
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Plomo: 11:22pm On Aug 09, 2021
ImaIma1:


Anang

Calabar, I think?
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Nobody: 11:29pm On Aug 09, 2021
It is a son's responsibility to assist aging parents. The house belongs to the Family just as the Dad intended.

The son needs his own home, and his father house is for everyone including the ladies. They also reserve the right not to get married or be married but that house in no where belongs to the son except everyone is married and. Other pass on before he can maintain in. But everyone must access it even after a divorce
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by baby124: 12:05am On Aug 10, 2021
Very stupid child. The house belongs to the mother. Who are you to even try to consider taking her house? Na you dem marry wey suffer with the man and give birth to ingrates like you? Don’t go and find something doing so you can afford your own home. God forbid I give birth to a child like this. If not expressly willed, it’s only the man’s wife that can decide who gets the house. That is her home till she goes to meet her maker.

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Nobody: 12:07am On Aug 10, 2021
Mother of course. She is the next of kin. It should be a no brainer.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aariwa(m): 12:09am On Aug 10, 2021
Under customary the property's ownership will transfer to the first son on demise of his father because it is an inherited land
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by baby124: 12:10am On Aug 10, 2021
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"
Which Yorubaland are you talking about? Property is shared based on the wives or offsprings. Mostly wives in polygamous settings. The wives stay in their husbands house till they leave this earth. Like you cannot even remove them, or debate it. Their husbands house remains firmly in their possession as long as they are alive. Except they willingly give it up. Property Sharing self mostly do not include the family house. Which is the husband and Wife’s home. That becomes joint property after the wife dies
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Newboss(m): 1:05am On Aug 10, 2021
snarkynehne:

Attention sha... Sweetheart you are not supposed to be here, it's for matured people only

Who is your sweetheart? You can never be my type. Go meet your daddy
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Poleski: 1:13am On Aug 10, 2021
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

His mother has right to the house too because it's a family home! It doesn't matter whether he helped his father finished the house or not! He can't just evict his mother like that from a family home!

He has these options;
- Live with the mother.
- Buy land and build a new house for himself.
- Buy land and build a new house for his mother.
- Get a rented place for himself.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by pacespot(m): 1:27am On Aug 10, 2021
This matter shouldn't have generated a fight between a mother and her son, so you want to chase your mother out of her husband house for another woman, your wife? There is something that the OP is not telling us If your mother had divorced your father before his death, that is another story, but this is not the case.

Whoever is the next of kin to the late "father or husband" should go and obtain a probate (with a will) or a letter of administration (without a will) to stake the administrative ownership to the house. But looking at this issue, each party has the right to challenge the probate issuance in the court.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Smile4mee01: 1:42am On Aug 10, 2021
Hmnn....

This life ehn.

The things men do for marriage sake.

Guy, dont do it. Let your mum be and let her live in the house, dont because of another woman destroy your family. I know u have spent money and feel it's your right, if you do. Your wife will be hated for a long time while married to you.

In fact, it may shock you that the woman , your wife that you are willing to discard your family for may not do same for you. Women dont really love us o, they love what you can provide. Take am easy.

If you can, remain in SA. and let tour wife join you. If you must be in Nigeria rent a house and God will double your hustle.

I built a house for my mum as well, but I no even send. I have acquired so much more assets that property is no more a priority. I just want peace of mind.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Beey(f): 2:27am On Aug 10, 2021
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
While I was growing up around the beautiful slopes of Mt Kenya, if someone had told me that I’d live to see or hear a child taking their parent to court, I’d have said they lied. But as it is, I have seen a generation with no respect for their parents and elders. To them properties are more important than their parents. This group is selfish & their conscience is dead. They live in a carefree world, nothing bothers their conscience. So this stupid boy was supporting his father with a hidden agenda? Did he tell his father that he was supporting him in order to take over the house after the father has died? Would the father be happy to see his wife shedding tears because of some coins that the son contributed? That’s how people earn themselves curses. You toil day & night without success because you earned yourself a curse by disrespecting your parent. Honor your father & mother is a command that promises you’ll live to see many days for doing so. Better change your ways & make amends with your mother before it’s too late. Nonsense!

1 Like

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Pavore9: 2:46am On Aug 10, 2021
Tadeknkeepcalm:

Ok. I thought as much. I admire people like you. Must be nice being able to experience various cultures.

It is sweet to be find comfort in both cultures, easily swinging between the two and for many of us igbos born and raised in Lagos, it broadened our world view.

1 Like

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Parisian: 3:32am On Aug 10, 2021
You're 100% correct
oluwaseyi0:
That son is a bastard

I'm sure he supported the dad in the calculation that the poor man will soon die


He want to send aways his mother from her matrimonial home then bring in another woman, he want to turn wife of landlord aka landlady to a tenant simply because she is a widow

If the woman in question is not his biological mother probably like his dad second wife he will have probably murder her as a way to snatch her husband house, may God not let us give birth to useless kid, kid worse than dog

Anything your friend do for his mum, he should know Kama is a bitch, it's while he's still alive that his own children will sell all his property and turn him to street begger while his children squandered his sweat on unknown ladies

While some kids are thinking of taking care of their mama some are thinking of sending their to the gutters,

Isn't the Bible straightforward when it's says the man shall leave his mother and father then cling to his wife

If any of my kids show any tendency of madness like OP friend, or it's probably the OP himself, I'll disown the child and ensure ordinary stone he doesn't inherit from from, someone who cannot love his mother

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