My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

So U want lawyer to overturn d tradition?
U must b joking!

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

I just need their advice on the feasibility or otherwise
I saw one judgement in March by the supreme court on women inheritance

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

Just look at you

Let me reply according to my understanding of the story.

Op since you said you saw a court case on women inheritance.. Look at the precedent well and see how it was solved and if your own case can be solved. And also if their father didn't write any will.. Thank God they are married.. Let their husband's inherit it.. Since they say women don't inherit property.

I hope I made sense sha.. Cos the story get as e be.

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

dis the kind of mentality nigeria needs to get rid off...

Tradition ma foot....

Op tell ur mum and aunt to fight for the land coz itz theirs by right....sum pple just wanna reap where they didn't sow

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

This is one of the problems of Nigeria. Like the poster above this mentality needs to be gotten rid of.

IMO, any traditon that violates a person's fundamental human rights must be abolished by making it unlawful anda crime against the laws of our country; just like as female genital mutilation was made criminal to stop the dehumanization of women in certain cultures inour country

I love our African cultures and traditions but if it is marginalizing and dehumanizing, criminalize it!

sincerely u would have done us a favor by telling us what state this issue came up. reason is different states different cultures.
however the constitution guarantees freedom from discrimination because of sex, birth etc.
in Ukeje vs Ukeje the supreme court held that no woman will be disinherited because she is a female.
so.. get a lawyer to write to the larger family insisting that ur mother and her sister property be handed over

It's difficult,i'll have to blame your late granddad,he should've drafted a will.
Tradition will have to take precedence,afterall without a will,where is it written that the inheritance of a father must go to his children?
You can go to court but have the courage to back down from this fight when it seems to be getting overboard,God will replenish you anyways

Pray 4dem 2 win d case. But all dis traditions is only 4rm d eastern part of Nigeria o

Who is holding the property?How much is the property worth?then why waste so much money and energy on it besides trying to get stuffs like that could be dangerous at times,so why not try to negotiate.we are in Africa.

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

They stand a huge chance. Get a human rights lawyer.

Tho O.P dint mention the tribe involved anywhere in the Original text..but..I can bet my balls on this dat they are igbos..(No offence meant: De facto)

I don't understand. So if there is no male in the family...does that mean the community or state would inherit someone else's property.

Our laws need serious review .

You go fear tradition.

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

The Supreme Court has decided that such custom preventing women from inheriting is unconstitutional. Contact me 08058284552

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

Of course its their property. if their father probably had sons, a different twist to it.

I also have a person in this same predicament

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

Actually court can overturn any tradition repugnant to natural justice or inconsistent with the grand norm of the land.
It is very very feasible. Just get a good lawyer.

I've never been a fan of fighting over property. Only what I acquire with my own sweat is truly mine.

first it's not right for the family members except the immediate family to inherit the properties of a deceased person except it was expressly stated in the deceased will.
so Any custom that supports this is null and void due to the fact that the custom is contrary to good conscience, equity and natural justice...
you can support your argument with the judgement of the court in the case of ukeje vs ukeje

I am not a lawyer... But I believe they have a good case since their popc didn't have a son or any male relatives...
The tradition u are talking about is it a law court tradition or ur village tradition?

So who are the people stopping them from having access to their father's land?

Village chiefs or who?

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

I don't really know the particulars of this your case but if my understanding is true......then there is already a judicial precedent i.e ukeje vs ukeje.....in the supreme court.......just ask them to get a good lawyer

nwadiuko1:
I don't really know the particulars of this your case but if my understanding is true......then there is already a judicial precedent i.e ukeje vs ukeje.....in the supreme court.......just ask them to get a good lawyer

yes you are correct.it was in the supreme court

Did your dad buy the land or did he acquire it by way of inheritance?

If he bought the land they can inherit
If he inherited the land which makes it customary land it would be very difficult as customary laws will apply.

D

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

its ur type dat castrate n mutilate female genitals in d fvcking name of tradition, u hide under tradition to cheat n steal wat u did not work for. OP get a seasoned lawyer if you can afford it n go to court, however be very careful cos those types of folks will kill you if they have the slightest chance. Good luck.

Take it to the Traditional Rulers' assembly and Customary Court there first, observe their ruling and reason, then work your way up from the Magistrates Court to the State level. I believe the experience will let them understand if they are chasing a lost cause. For peace sake, some traditional rulings cannot be overturned.

bigiyaro:
its ur type dat castrate n mutilate female genitals in d fvcking name of tradition, u hide under tradition to cheat n steal wat u did not work for.

He sounds evil but there's some reality in his utterances. It will surprise you that this case may be turned down by the Courts if it lacks MERIT.

0ubenji:
Tho O.P dint mention the tribe involved anywhere in the Original text..but..I can bet my balls on this dat they are igbos..(No offence meant: De facto)

Your balls go only add to my own to make it four. Be guided

according to customary rites, since there is no will the land will become a communal land but u guys can still be allowed to farm on it