The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis - Family (6) - Nairaland
Nairaland Forum › Nairaland General › Family › The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis (53220 Views)
1 2 3 4 5 6 7 8 Reply (Go Down)
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by baby124: 4:17pm On Jul 28, 2016 |
Excuzeme:You are just making your own law up as you go along. Look, marriage comes with a lot of rights. Distribution of the properties are first to the living spouse before even the children are considered. You are right, the law does not assume, that is why you have to expressly state what you want or do not want in a will. But the law also looks at past actions as well and takes into consideration all legal precedences like marriage. A spouse legally comes first before children and has a bigger share than the children. You can never equate a legal spouse with legitimate children not to talk of the illegitimate ones. That is why marriage is very important man or woman. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by SHAIBULIAR: 4:28pm On Jul 28, 2016 |
lonelydora:is lala a lawyer? Is he not a taxi driver?I'm just asking |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Onyenna(m): 4:29pm On Jul 28, 2016 |
MasterofdRolls1:Are you sure you quoted the right person coz I never supported her elder brother in the first place.....I also said the elder brother's mum wasn't even legally married to their late dad[on next page though].......so I guess you mistook me for someone else bro.....Peace.... |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Engineermbugame(m): 4:37pm On Jul 28, 2016 |
Donlittle:hia if my dad try am eeh my last hope.my area wey land dey costly |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by revolt(m): 4:39pm On Jul 28, 2016 |
plasssssssssss in igbo land the wife isn't driven away in fact she can't be driven away cos she's a member of the family. usually ur stepmum wouldn't have issues if he was her son but well too bad. now even if he's inherited his dad's estate he's still obliged to care for his dad's widow plus, hope your mum had good rapor with your fads people cos that's where women make a great mistake. they forget that life is a game of politics, and you must build your personal armies over a period of time. I doubt cos by now it'd have been your uncle's fighting alongside your mum. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Excuzeme: 4:44pm On Jul 28, 2016 |
baby124:If you say something, at least, back it up with some evidence. I am not making anything up, even if it does not suit your wishes. Anyway, l see that we have moved from the point of "She owns everything her deceased husband left behind", to "she has a BIGGER share" of what is left behind. \We are getting there, its just very slowly-slowly. ![]() Two pages behind, l posted that "the wife is just like the children, she would get her share of the property". I dont know how many people have to repeat this before it sinks-in: There is nothing like ILLEGITIMATE CHILDREN! ALL CHILDREN ARE TREATED EQUALLY AND LEGITIMATE, UNDER THE LAW ![]() Am done. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Badgers14: 4:51pm On Jul 28, 2016 |
vodutive:Exactly... I was going to ask the same question... I am igbo and while the guy in question might think he is right.... What he is doing is actually a " Taboo" .. Unthinkable, the only time boyz out of wedlock gets share in their fathers property is if their father is still alive or included him in his will... Otherwise, if the father is dead... So goes this inheritance.. Actually, he dad can never as it is not permissible give the son born out of wedlock his property in the village... "Yes" the umunna will never agree to that |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by sulips(f): 4:51pm On Jul 28, 2016 |
I advice you and your sisters take up the matter to court, the supreme court has condemned situations of this such, both male and female children have right to inherit their deceased parent's property, and the surviving spouse has a right to be taken care of from the estate of the deceased husband. Your brother has no right to the exclusive ownership of ur father's house irrespective of him being the only son, I advise you and ur sibblings to have a meeting with the family elders and if no positive result, institute and action before the court of law. (good luck) |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by decub: 4:52pm On Jul 28, 2016 |
Agunna1:Well, certain cultures and traditions are much stronger than what is conventional. I will advise you take this to your paternal uncles, if it's where I come from, your uncles would fight for your mum and I can assure you, the fact that your mum didn't give birth to a male child is a full assurance the youths would treat the guy's fk up in their own way, at least I've witness similar case that the youths had to force the guy on exile. However, there are communities where village heads, youth leaders are more corrupt than Chinese phone's memory cards and if that's the case with yours, seek legal redress. Let's pause and think, what if you ladies turn the table around and claim you don't know him as your father's child? Our dad only told us he was trying to help a poor boy who needed one. That would be wicked though but if your story is true, then he deserves it cos real men don't INHERIT properties, they OWN properties. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by DLioness(f): 4:55pm On Jul 28, 2016 |
Agunna1:Under the Nigerian Legal System, the kind of marriage btw ur dad and ur mum wl play a role in determining issues. If ur dad and ur mum did marriage undr the Act and ur fada died wtout a Will, the first prsn entitld to letter of administratn of the entire estate is ur mum. If it is only customary marriage btw ur dad and mum, the cot is bound by ur customary law only to the extnt dt the custom is nt repugnant to natural justice, equity and good conscience. In eida case, u ve a legal rit and the cot wl mst likly cm to ur aid. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by baby124: 4:57pm On Jul 28, 2016 |
Excuzeme:There is something like illegitimate children. We are not getting anywhere as you fail to read. If it hurts that you are an illegitimate child, then too bad. But if your father did not marry your mother then you are illegitimate. Now, back to our argument, the wife is entitled to live in her husband's jointly occupied property and even will it on her death. That still stands. I am talking about the sharing of other properties, the spouse is entitled to a bigger share than the kids. You better not go and fight your father's WIFE over her property because you will lose big time and come out with a smaller share than you thought. You think those people getting married are just throwing a party? Your comments show that you have no idea what a marriage is and what it protects or provides each spouse. No law in this world will support you stealing your father's WIFE's jointly occupied property. Read up on Community property. You know nothing Excuseme. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Badgers14: 5:02pm On Jul 28, 2016 |
Agunna1:Question, are your family in good terms with your fathers brothers (if any) and the umuna? While your so called brother might be feeling he is right... What he is doing is actually a taboo... Being that he was born out of wedlock... He has no say in his inheritance traditionally.. Also, legally you and your mother have a legal ground to sue him and get the propeties back.... Again... No mercy.... If you are going to do it... Do it all the way.. Infact, if i live in Nigeria i will take the case and make sure he don't get anything... Infact how are you sure he was your father's son? Let him prove it and no sane judge will give orders for you to submit to DNA test to prove you are siblings.... There's no legal ground for that.... Your lawyers could block any attempt to have your father exhumed. So let him solve that mysteryLooks like i am carring this case for head like gala but I hate heartless people... ![]() O i will wish this was in my State in the good ol USA... I would have cleaned him out real good. Take heart dear.. I hope you find a good lawyer.... Be strong.... Don't be emotional.. Cheers! |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 5:02pm On Jul 28, 2016 |
olumaxi:Behave yourself |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Deen77: 5:04pm On Jul 28, 2016 |
yetseyi:Supreme court justice rule ibo culture out last two months. Get a lawyer |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by adimsmt: 5:06pm On Jul 28, 2016*. Modified: 6:27pm On Jul 28, 2016 |
Agunna1:I sympathize with what you all are going through, as a father of four girls sometimes i'm worry what will be my daughter's fate when I'm gone. But thank God I'm don't live in Nigeria right now but who knows. Please if i may ask did your father has a will? this is why i hope some well meaning Nigerians start teaching the importance of wills in our society. If there was a will, at least you all would have had something to stand on and take this matter to court. This barbaric culture was the mean purpose of what the equality bill wanted to address but those bunch of illiterates we have as politicians saw it as a threat to their ego. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by DLioness(f): 5:07pm On Jul 28, 2016 |
VajanahDischaj:stop speakn ur imaginations. All facilities ar in place. There is the department of legal aid undr the ministry of justice. Evry lawyer is mandatd to undertk pro bono cases as oftn as possibl so wat is ur frustration all abt? |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 5:30pm On Jul 28, 2016 |
I just consulted with my lawyer and he said this is a very dicey situation and there is no need to go to court as many of this kind of case is still untreated in court. This issue should be settled amicably within the family. Going to court will just prolong the issue and drain your pockets (legal fees is no joke) This case can also prolong for many years and the property will be sealed until the case is settled. So, please try and settle this case within the family and also find out if your dad had a will Thanks |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by nams77: 5:35pm On Jul 28, 2016 |
op. stopping listening to too many advice here. like someone rightly mentioned here,the supreme Court (highest court in the land) has already adjudicate on a matter similar to yours not to long ago. tradition is inferior before the law. take your step brother to Court and get victory. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 5:52pm On Jul 28, 2016 |
sourcecode99:Who put ur mouth on ma post coward?? |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by bayawah: 5:59pm On Jul 28, 2016 |
The guy don't have any right to lock your mummy outside. Bfor u go to court there are some procedures which you have to follow, 1. Your mum should go and report the guy to the most senior in the family and if he fail to handle the matter very well, then your mum will proceed to the umunna, and if they also fail to handle it, she will also take it to palace and if they all fail to handle it then that is wen you plp will involve court , but I believe that they will resolve it. Thanks. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 5:59pm On Jul 28, 2016 |
Agunna1:Take him to court,any court, your mother will win hands down. I'm Igbo and it happened in my village.customary court don't take maltreatment of widows lightly. Get a lawyer ASAP. If you don't have money, involve human right. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by henryvirus(m): 6:02pm On Jul 28, 2016 |
Excuzeme:. OK. Thank you for the enlightenment |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 6:02pm On Jul 28, 2016 |
adimsmt:We are 4 girls too. There is no Will. My dad was a businessman who didn't believe in 'WILL' and that something will happen to us when he's no more. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 6:05pm On Jul 28, 2016 |
Landmark225:. Na lie Biko, take the matter to court first, the house will be under dispute and sealed.he too will stop benefiting from the house. You girls should contribute money and see it to an end.enough is enough. Like I told you, it's happening right now at Umuahia, family of girls with an out of wedlock son. The girl is fighting all the way. My dear help us set another precedent to the ones others has set. We don't know who might need tomorrow.we have to protect our daughters. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by Nobody: 6:10pm On Jul 28, 2016 |
Deen77:Not all Igbo culture but Igbo inheritance culture. It's very archaic so it deserve to be scrapped. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by olaboy1: 6:50pm On Jul 28, 2016 |
[quote author=baby124 post=47968912]In all cultures and all countries you are only legitimate if your father married your mother. You can be a biological child and still illegitimate. Wonderful baby124, where did you get this your fact from and what all countries are you talking about. No illegitimate child as long as. DNA proves paternity marriage or no marriage. That's the law in all European countries. Inheritance laws can then be totally different from country to country, so stop misleading the public with your statement. I have a son out of wedlock in a country where majority are into civil partnership (living together without marriage), and my son is 100% legitimate. Female child should have equal opportunity with the male child in a sane clime, I don't want to care about what tradition says or not. I had female managers back then who were very intelligent and great managers far better than some guys, so Nigerians should stop talking shit about our wonderful women. The property should be shared equally, and even if we can't establish paternity of your half brother through a DNA, he should also get equal share as everyone for the simple reason of living with the family for more than 10yrs. The OP's mother should be the custodian of sharing this property or the state appoints an administrator because OP's father before his demise lived with her mother as his permanent place of abode, so it is safe to call them partners, wife and husband with or without customary marriage, as long as we have witnesses to confirm that the union could pass for a marriage, and then also that union gave birth to OP and her sisters. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by nadigo(m): 7:00pm On Jul 28, 2016 |
One other important issue decided in that case was the estate succession of children born out of wedlock. The Supreme Court held that such children were legal beneficiaries and therefore entitled to share in the estate of their father because the provisions of section 42(2) of the Constitution prohibits any form of discrimination by reason of the circumstances of birth. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by MasterofdRolls1(m): 7:13pm On Jul 28, 2016 |
Onyenna:Sorry about that, wanted the person you quoted to take note. Thanks man. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by alolatee(m): 7:18pm On Jul 28, 2016 |
Agunna1:man is too wicked.Therefore, i will suggest they do not stay without a grown-up male living with them because of security.She needs to also inform the police also incase he comes with crude weapons to kill like Cutlass and Gun.May God preserve you and your siblings all and bless you to build a new house for your mum incase he results to traditional enchantments.Sorry sister. |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by nadigo(m): 7:19pm On Jul 28, 2016 |
baby124: |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by olumaxi(m): 7:21pm On Jul 28, 2016 |
habax:ur opinion ![]() |
| Re: The Son My Late Dad Had Out Of Wedlock Locked My Mum Out Of Our House, Pls Advis by olumaxi(m): 7:21pm On Jul 28, 2016 |
habax:ur opinion |
Father Asked His Son To Have A Haircut. Then The Son Did This (Photos) • Lady Cursed For Being Pregnant Out Of Wedlock Becomes Family's Breadwinner • My Wife's Sister Sneaked Out Of NYSC Camp & Came Into Our House, This Happened • 2 • 3 • 4
FG Reduces Fees For Statutory Marriage In Nigeria • I Do What My Husband Wants, Because It Has Made Us Rich • Fighting Couple Fall From Third Story Balcony(pics,vid)