Uyi Iredia: I sympathize with yhe OP becasue I've been in his position. In the first place I agree with people karmawill surely catch up with him. Ill gotten wealth does fizzle easy. My uncle who sold my Dad's land is penniless and in a poorer position than my Dad. That said, it isn't a lost cause as some people suggest, your land is not just ypur Dad's but a legacy for you. It so happens I had to defend my Dad's property again, this stakes higher since this one was a family house. My tips are

* find relatives sympathetic to your cause who'll help secure unsold lands
* you'll really still need someone to monitor your cousin and preferably come back to attend to matters yourself.
* getting back sold lands is hard ish unless you've got connections for which you'll have to rely on friends or family
* don't killyourself over it, you've lived without it. Work hard so you'll get your own or at least have a good life. I doubt juju and sh*t unlike others here but I know people can kill for lands so if you think things turn messy walk away.

Best of luck

Thank you for the highlighted portion.
Most of us have not considered that those who die "mysteriously" in such land/property/inheritance cases could have done so for purely medical reasons related to hyper-anxiety, BP, cardiac arrest etc from all the legal wahala and expenses.
Do we ever do post-mortem

Most of us need to understand that our spirits are tuned and modeled on what we believe- RELIGIOUS SUPERSTITIONS or RATIONAL thoughts & behaviour.

aariwa: OP my advice as a lawyer is that first of all you should
- get your father's death certificate and
- go to the land registry to get the certified true copies of the the original land documents and also
- apply for the letters of administration[if it is an urban land]
- with these documents you can confront the illegal occupant of the land (through a lawyer, I presume)

because i presume he parades forged title deed because your uncle does not have power to transfer ownership.if the land is in the east you can contact me through nairalandPM for advice on these procedures and legal opinion.

Very good PROFESSIONAL advice.
Why are we Nigerians prone to use quacks and haphazard, unorthodox methods even though we may be living and working in organised, professional settings

My brother I ve to be honest with you. Don't ask after that land. Pray to God to bless you financially and you will buy your own land in the city and even in your community . I know your dad has a village home. Stick to that one. A man that is capable of that can kill. Thank God you re in usa. Make money there and go to your state capital and build a house and if they findout you don't come home,someone reasonable from your family will ask questions. Mark my word as long as you re alife the spirit of your dead father will continue to toment him till he confesses and call you for peace. Don't go home cos he might finish you with juju

Amelian: Op, but why did u leave nija in d first place....if u can't afford a ticket back home?if only u had stayed back in nija, you won't be facing these problems...but possibly u had issues with yur dad... But word of advice, just face yur life in the US.... Coming back will be suicidal, both spiritually and otherwise....
Uv already lost hold of your dad's properties, the day u left the country.... Home is wat u make out of it...

Sorry, op...

Did you even botter to read what the op said? I guess you missed where he said he was born in US.
Being born or even traveling abroad have nothing to do with this! We read, hear, watch in movies about the same thing happening to even those that never left the village or city where they were born. Some of you can't just do without blaming this abroad thing! Na wa oh!!!

My friend please run for your life. You can have more than your father's land. Look unto God I beg you. Your best lawyer is God.

@Ops, The properties put together is not worth your LIFE! Let it go, work harder to be a good and responsible man and plan your life. Learn from your late Dad mistakes. Forget about the properties. Afterall, some people who even have access to such family properties let them go because they want to stay alive. He who fight and run away, lives to fight another day. People are really wicked and desperate. Be careful and be warned!!!

Benharyor: May ur uncle Neva wait to chop the fruit of his garden I advice be


Say make u forget am make im no kill u join cos I passive perceive say na im kill ur papa

I wonder what happened to our educational system

It's got nothing to do with me.

[quote
author=#me@]This can only happen in a particular region of Nigeria!
May God deliver us from them.


One of them told us that they pushed him and his family out of the
village and sold all their properties since his father was dead.


U can imagine, what people do for the love of money.


All people concerned with making money frm me dubiously
bfre this year runs out, die by fire!!!!!!!!
Amen!!!![/quote] Hahahahahahahahahahahaha God abeg ooooooh Amen to that.

Even the uncle that sold the land to start a bussiness is poor,maybe that's his last option.so u better concentrate on what u are managing there since u said u are not financially stable.

josite: for now don't bother yourself .bother yourself with becoming financially strong for now and whenever you are strong,then begin to ask the right questions demanding the right answer.anyway the man too has same blood,exactly the same blood with your late dad so let it occur to you that his interests in your date predates your interest and therefore should be wisely accommodated. Adopt a common sense approach conceding some properties to this greedy uncle while asking the rest be given to you.be wise ,make the man no send u follow ur dad.lol

What kind of answer is this. The brother's interests precedes the son? What kind of reasoning is this. So if you are in a sinking boat you rescue your sibling, lose your seed and destroy your lineage, your future.

This family is clearly dysfunctional. The father had land in Nigeria, the son is stranded in the States. The father died there without a will. The son cannot prove relationship. These are the loopholes exploited that make the aberration possible.

Without further details such as where his mother and siblings are and his childhood story it is difficult to say what can and what will happen.

Your father did a terrible mistake, how come you didnt retify this when your father was alive ? The truth is your case is close to impossible to retive the properties in any legal term, you have no documentation to state your father own the land, do you even know where the properties are located? I will advice you to pray about it if you are a beliver and cofront whoever is concern in a polite way.. Vex or shout no fit do am.

Cypost:
Maybe ya uncle knew u won't need the land. If u r born there probably ya mom and siblings r there too. Not serious root in niaja.
Some pple in Lagos Niaja don't bother particularly is the property is in d villa talk less of pple abroad.
Anyway ur uncle suppose no sell the land sha o without ya permission. As e dey now u can challenge d buyer for trespass and assert ownership by inheritance thru proxy and proceed to court if necessary
Goodluck

What if there is indeed a will here in Nigeria and the said property(ies) has been willed to the said uncle. The uncle knowing the lad cannot return and challenge the will proceeds. There are many unanswered question thus the numerous speculations.

Op. Just make it a big deal. You will get your dues.

[quote author=#me@]This can only happen in a particular region of Nigeria!
May God deliver us from them.


One of them told us that they pushed him a
nd his family out of the village and sold all their properties since his father was dead.


U can imagine, what people do for the love of money.


All people concerned with making money frm me dubiously bfre this year runs out, die by fire!!!!!!!! Amen!!!![
/quote]

Ordinarily I ignore ppl like u, but I'm gonna make an exception here. First, did u realize that ur small mind couldn't allow u to even profer a solution to the young man. Instead u wanna start an 'ethnic war' to derail thus tread, if u have nothing useful to contribute, isn't it more honorable to shut up and read what smarter ppl have to day.

u r brainless...if you dont have a good answer..is it a bad thing to shut up?

lirusehn: Cum Naija mey ur Uncle sell u join d land

i can still be recovered...You need to come home...Keep your passport with first bank and before you come in>?ask relatives about the papers and yes it is with your uncle to ascertain....Come in and ask politely and let him know you are not in to fight,or cause commotion,its your fathers,about the land sold?thats gone...GBO JU NI BAR,if there are rest,you can still recover it once you confirm the papers are with him...They can tie him,die him,and cut him....depends on how rugged you are....Stay humble and remember to Keep ur USA passport safe unless ur uncle go use you do ASUN....

@OP, THOSE SO CALL UNCLES ARE MISCHIEVOUS AND EVIL ESPECIALLY ON MATTERS OF THIS SORT, THEIR LATE BROTHER'S ESTATE OR PROPERTIES. EXCEPT THERE IS A CLEAR WILL WRITTEN BY YOUR LATE FATHER, IF YOU ATTEMPT TO CHALLENGE THE MATTER, THEY MAY HACK YOU OR PARALYZE YOUR LIFE. THIS BLACK MEN ARE EVIL. THAT IS NOT TO SAY YOU SHOULD NOT ASK QUESTIONS, YOU CAN ASK UNCLE CANDIDLY AND TACTFULLY: UNCLE, HOW ABOUT SO SO PROPERTIES, AH! UNCLE YOU NOR EVEN FIND ME SOMETHING, ANYWAY I JUST SAY I SHOULD ASK AS A RESPONSIBLE MAN... I REPEAT, NEVER CHALLENGE HIM. GOD BLESS YOU.

@op if you love yourself, please just leave the land and let him take it, some of these nollywood we watch are not just mere stories, some really happened. It is better for you to be alive and loose the land or be dead and still loose the land. it is your choice. you said he already sold the land. please just forget about it.

seangy4konji: u r brainless...if you dont have a good answer..is it a bad thing to shut up?

no no at all. It aint bad.anyfin else?

This is a well trodden road. You have two good options.
Firstly, contact your state's attorney general to obtain a letter of administration over all your fathers properties. This should take about 4-5 weeks. This does not cost anything upfront. Once they are armed with this document, they will recover all the properties as at the time of your fathers demise. They will charge fees once they collect money such as rent, etc to cover the government expenses (lawyer fees, etc)
The second one is to file a high court suit in the state seeking the restitution of the said properties. You will need to join the buyers and cohorts by adding 'other' in the suit. This will mean that the property is now being adjudicated by the court and cannot be resold or tampered with.. This can take many years. The cost can vary according to the lawyer. The filings is less that 10,000 naira. However the lawyer will charge around 20,000 naira (lawyer fees) plus monthly transport money to attend court of around 4,000 naira. You can also add all the properties that belong to the kindred in the mix to force the family to settle.

wooks: I am in the USA, the first son of my father and born abroad. My father died intestate last year. He owned land and properties in Nigeria but he left the papers in Nigeria. For the purpose of this post I presume they have fallen into the hands of his brothers in Nigeria.

My dad's younger brother sold some of the my dads land without informing me and has used the money to set up a business. I would like to recover my fathers land but am not financially capable of travelling to Nigeria so I have given a cousin who is a law student power of attorney to attend to matters on my behalf.

I do not have a single document relating to the land. My claim to the property relies on my ability to prove that I am the first son and that there was no will. My thought is to try and evicting the buyer from the land on grounds that he did not buy from the lawful owner and let him sort out his issues with the person he gave money to.

I would appreciate some advice as I don't know what I am getting into.

@wook
Space booked. I'll reply you later. Gotta run somewhere now.

Don't do anything now,andwithdraw dat power of attorney u gave to your cousin asap. Grow up ist, get stronger both financially, age and as a man generally. The status of limitation on that land issue is 20years so give urself time and when u are ready hire a good lawyer and get back what is urs.
The good news is dat even if they have built a mansion on the land; he who owns the land owns everything on it, and within the next twelve years u can still raise any question as to the ownership of that land competently. So don't go and kill yourslef over a land dispute cos am sure you may not be able 2 handle it now

So many uninformed and illegal answers that it makes it difficult to address the problem properly without looking stupid too. Honestly I think Nairaland should devise a method whereby serious and matured people should have the opportunity to respond to important issues and leave the Davido commentators to focus on wiz kid topics.

Before you analyse the issues on the ground, you have to treat it line by line with regards to the OPs story to get to the root of the problem.

1. The OPs father died intestate but he left the papers in Nigera and he PRESUMED they have fallen into the hands of his brother ( Meaning he isn't sure and you have to get the facts right before making an allegation)

2. OP states he has BROTHERS and his YOUNGER BROTHER ( that is one of his YOUNGER BROTHER . . . .we don't know how many they are) sold some of their Dads land without informing the OP. Did he inform the other brothers and did they consent to it? We don't know yet.


3. Where is the land located? Village or city because it with aid in knowing whether a customary way of addressing land issues is to be applied or modern land law rules. Also Did the OPs father marry a wife or wives and are they still alive?

If these requisitions above are properly addressed, it's easier to advise on th next course of action rather than jump into conclusion or formulate answers that either have no bearings to the case nor legal in the eyes of the law

Biggoozz: @ Moderator, I suppose your eyes are are still on this thread since it just made FP, why not shut down those childish posts attacking the OP, if you meant to assist him get some advice?

@OP, where is your Mum? Is she also abroad? Who then had the will from your Dad (assuming she got it). If your Mum is not in the position to assist then you will need the support of some other elderly people that at the absence of a will would proove that the land in questuion belonged to your dad and that you are the rightful inheritor (This is some serious politics, expect that your Uncle already probably had connived with over 70% of these withnesses, Im well acquianted with land cases, we just won one against over 60 families that connived against us)

Again, I am wondering how your Dad had those properties and you cant afford "some money to travel" Why so?

I think having land doesnt mean having cash at hand. He prolly is waiting for papers xos he has to reside in that country for a given period of time without leaving to qualify him to have perm residence or other papers after which he can move in and out as he can afford.
He cant sell the land cos he hasnt got zhe doccuments and he isnt in naija. So awoof don land for uncles be that
Nwanem, biko just forget the sold land and call them that you arent happy about it but you will overlook that one and hope no one gets sold again. Tell uncle you understand the financial pressure he was under and you hope he realizes that you also need something to fall back on when you return. If possible tell them things are not rossy for you there and they should not thinl cos you are in obodo oyinbo you have struck gold. Dont be mean and rude and what about your mom and sibblings? How come your dad left such things with uncles when he has ezibgo nwoke like you?

The @OP was very clear on the state of play. His father died intestate and the inevitable happened. A greedy relative went and took over. This is the premise on all the response so far. I wonder what other information you need before you can appreciate the situation. Of course there are self help measures which the people here have advised. But the @OP will play into the hand of the transgressors by taking those steps. They transgressors will then use the legal instruments of Nigeria to defeat the @OP. This leaves us with the legal means. (The @OP did not state the likely value of the Land in question) From the @OP's assertion that he does not have the means to fight this, then he has to apply to the State where the property is located to fight for the family for the deceased. It is possible that his relative have already obtained a letter of administration. In which case, the relative rightly controls the administration of the estate (the relative can sell or convert as he so wishes). If not, then the state can administer the estate until such a time he can convene a family meeting to retrieve the property from the state. The @OP should beware, if the said properties is resold a number of times without his challenge, then the court may find that he forfeited his right to the properties since he did not avail himself of the applicable legal remedies at the time or reasonable time (which is typically 5 years).

lawyer: So many uninformed and illegal answers that it makes it difficult to address the problem properly without looking stupid too. Honestly I think Nairaland should devise a method whereby serious and matured people should have the opportunity to respond to important issues and leave the Davido commentators to focus on wiz kid topics.

Before you analyse the issues on the ground, you have to treat it line by line with regards to the OPs story to get to the root of the problem.

1. The OPs father died intestate but he left the papers in Nigera and he PRESUMED they have fallen into the hands of his brother ( Meaning he isn't sure and you have to get the facts right before making an allegation)

2. OP states he has BROTHERS and his YOUNGER BROTHER ( that is one of his YOUNGER BROTHER . . . .we don't know how many they are) sold some of their Dads land without informing the OP. Did he inform the other brothers and did they consent to it? We don't know yet.


3. Where is the land located? Village or city because it with aid in knowing whether a customary way of addressing land issues is to be applied or modern land law rules. Also Did the OPs father marry a wife or wives and are they still alive?

If these requisitions above are properly addressed, it's easier to advise on th next course of action rather than jump into conclusion or formulate answers that either have no bearings to the case nor legal in the eyes of the law

Nollywood story

bigfrancis21:

@wook
Space booked. I'll reply you later. Gotta run somewhere now.

In Nigeria, in the absence of a written will by a deceased and before you can claim any property of a deceased, you'll need to have a legal document called 'letters of administration'. This is usually obtained at the Probate Registry of the State court in favour of the next of kin of the deceased. That you're the first son doesn't necessarily mean you're your father's next of kin. First off, you have to find out who he made his next of kin. If your father was a state or federal worker, he must have used somebody as next of kin and this NOK can be anybody. This person's name will be in the government records of your father and it is this person that is willfully meant to proceed to the Probate registry to obtain the Letters of Administration.

This is where you'll find scenarios whereby a deceased person, say a woman, would use her son as NOK instead of her husband in her government civil service records, or a man will use his mother instead of any of his direct family members as NOK, or a woman will use her Father instead of her husband as NOK, rather than the expected in each of the scenarios.

Obtaining the Letters of Administration isn't a day or a month's job as it usually takes time, say a couple of months. At least 3 months to as much as 1 year depending on how fast you process it.

This LOA then invests the estate and authority of the estate(estate in law refers collectively to the whole properties of a deceased such as landed properties, buildings, shares, bonds, automobiles, death benefits etc) thereof to the NOK whose name is indicated on it. This person is as good as the original owner of the estate and therefore has the authority to claim the deceased's properties, sell and develop any of them, etc.

If your dad was a government worker, he'd be paid death benefits, which is an entitlement to him for dying while in active civil service to the government. It usually runs in millions of naira and can be claimed ONLY by the NOK written by the deceased as indicated in the government records and a letter of administration in the name of the NOK written by the deceased.

Without the LOA you can't pretty do much. Anybody who wants to buy any property belonging to the deceased MUST demand to see the LOA giving you ownership over the property, and subsequently the right to sell the property. And before the deal takes place, the buyer will take a photocopy of the LOA and go back to the court to verify if the LOA is genuine before any transactions take place. Without seeing any LOA, no reasonable or aware person will waste his money buying property not rightfully owned.

Pangea: You better go see the man below:

www.nairaland.com/attachments/1190027_Wetin_do_you____jpg0006bf17ee791950c247a950743b4d1d

..lmaoo

lirusehn: Cum Naija mey ur Uncle sell u join d land

Bros your signature really describe u well.
but becareful so that it would not affect u being bann for 3 lifetime by modsss

emmadejust:

Bros your signature really describe u well.
but becareful so that it would not affect u being bann for 3 lifetime by modsss

it shall not be well wiv ur soul and that of d Mods. Now u can ban me