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Mother Or First Son, Who Is Entitled To The Late Father's Property - Family (7) - Nairaland

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by mariahAngel(f): 8:56pm On Aug 09, 2021
Tadeknkeepcalm:

Sister mariah, I'm confused. Are you Yoruba or Igbo?

Hehehehehehehehe cheesy

Nwanne, a bu’m onye Igbo...ti won bi n’ilu eko.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by funky4j: 8:57pm On Aug 09, 2021
Hmmmn.so you want to take drastic step against the mother that gave birth to you.I thought u were building the house for your father.better leave the house for her.cos she deserves a house too
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 8:58pm On Aug 09, 2021
perambulator:


I am not a lawyer, point taken about lower courts but does the second case 9Anekwe v Anekwe) not refer to widows and a judgement of the Supreme court?
You are correct and that should swing things in favour of your argument I agree but our Supreme Court is very funny
The same court that made Amaechi and Bello governor?
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by triplechoice(m): 9:00pm On Aug 09, 2021
I don't believe the Ops story is exactly true.

We have not been told the exact situation and the reason , I think, is so that the so called mother and those who know her would not stumble on the story here to get to know what the Op's friend is planning to do.

I have seen this same situation before and this is what I think the true situation is.

The so call mother is not the real mother but the step mother .

It is either the father already had the son from another woman before getting married to the step mother or had him with another woman after he, the father, was desperate to get a male child that would "continue" from him after death.

Which ever the case, now that the father is late, the son has now come around to use tradition to force the step mother out so as ro inherite the house and his willing to do anything to achieve his aim and does not care whatever drastic measures used since the stepmother is not his real mother

He obviously does not have a good relationship with the step mother probably because the woman herself is not happy to not to have given birth to a male child for her late husband and already has been expecting that a day would come when the son would come to a stake a claim to what rightfully belongs to him due to tradtion.

If this the true situation, as I think, the friend of the op should be very careful. That woman would do anything, I mean anything to ensure she is not ejected from her late husband's house .
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Virgo01(m): 9:03pm On Aug 09, 2021
Under Native Law and Custom as was decided in Nezianya v Okagbue (1963) JELR 41066 (SC), a wife only has life interest in her late husband's property. Though she is entitled to live therein throughout her life, she cannot inherit so to say if the man died intestate. The son too does not have the powers to send his mum packing. It's a stalemate. You guys better find a way to negotiate peacefully.

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Nobody: 9:04pm On Aug 09, 2021
aribisala0:
You are correct and that should swing things in favour of your argument I agree but our Supreme Court is very funny
The same court that made Amaechi and Bello governor?

lol somehow I doubt that in a family case, there will be enough in the Ghana must go, for them to ignore the law.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 9:09pm On Aug 09, 2021
perambulator:


lol somehow I doubt that in a family case, there will be enough in the Ghana must go, for them to ignore the law.
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"
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Johnsown1(m): 9:10pm On Aug 09, 2021
His father got married to his mother not to him. Anything that the man owns belongs to his wife. In a case that both parent are dead then the first son rule is been applied. It seems he has sore relationship with the mother. He better himself and get a house to live with his new to be wife.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by updatedws: 9:11pm On Aug 09, 2021
this means that if anything happens to his mother (God forbid) and she dies, there is a part of him that would be happy his mother died...

abomination!
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 9:12pm On Aug 09, 2021
triplechoice:

I don't believe the Ops story is exactly true.

.
We already know..........
Good Morning
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Buckeyemedia1: 9:12pm On Aug 09, 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
If there is no will, the Wife comes first always.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by mechanics(m): 9:14pm On Aug 09, 2021
The next of kin will decide who will inherit it.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Stanleyq: 9:14pm On Aug 09, 2021
Slimslimqq:
lol, he's a nigerian
He asked part of the country not part of the world, so he was right
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Octobertwentysix(f): 9:14pm On Aug 09, 2021
Charlie2020:
. Fear women o. She fit fall in love with a fellow oldie who might eventually take possession of the house. It does happen especially where the children are still very young









Just imagine what you are typing so because she may fall in love with another old man so he should send her out because he wants to get married, what about his siblings, if she eventually falls in love and remarries she would go and live with her new husband. Why are you females like this if it's your mother I know you would be singing a different story, now it's another woman you now feel she would remarry, all these small girls looking out to reap where they never sow. If his wife to be is a sensible girl she would advise him to go rent his own house. Please be guided.

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Geenosko: 9:16pm On Aug 09, 2021
Get your own property.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by mofresh175(m): 9:18pm On Aug 09, 2021
Him Mama na Him Mama
Make him Find Money Build Another House
The Previous House Don Turn Family House

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by ststyreal(f): 9:19pm On Aug 09, 2021
As long as the mother is still alive, she is entitled to her husbands property. That is how it is done in my place. Your friend seems to be a prodigal son. Something is wrong with him, make him no let the woman curse am for broad day light. Him mate dey pray to make their mama happy, him dey fight him own mama. Smhhh

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 9:20pm On Aug 09, 2021
mechanics:
The next of kin will decide who will inherit it.
What is next of kin in succession law in n Nigeria ? It does not mean what most people assume it means in Nigerian law
it is just the person to contact if something happens to you generally that should be your spouse that you live with
Maybe to come and identify your body or if you are missing

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by seyz91(m): 9:22pm On Aug 09, 2021
cheesy
mariahAngel:
Mumu wey suppose build house for him mama, dey follow him mama drag house! Ode!

Na wetin dem teach am for South Africa? Those ones no kuku send their parents!

Awon omokomo osi!
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Tims088: 9:23pm On Aug 09, 2021
According to Nigerian constitution, in the absence of a will the property belongs equally to wife and children, if he likes he should call his village people and claim the property as the first child, once the case enters court it will be in favour of the sisters. Here is the supreme Court ruling on a similar matter

https://www.loc.gov/item/global-legal-monitor/2014-05-06/nigeria-supreme-court-invalidates-igbo-customary-law-denying-female-descendants-the-right-to-inherit/

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by friendl: 9:33pm On Aug 09, 2021
First son ,if he is of age
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Nobody: 9:37pm On Aug 09, 2021
mariahAngel:


Hehehehehehehehe cheesy

Nwanne, a bu’m onye Igbo...ti won bi n’ilu eko.
Ok. I thought as much. I admire people like you. Must be nice being able to experience various cultures.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Housing(m): 9:39pm On Aug 09, 2021
Your friend only assisted his father, how can a son giving support to his father in completing a building project now become right to claim ownership.

That building belongs to all the acknowledged children of his father include his father's wife who happens to be his mother.

He should use the money he intended to complete the building to invest in a good business that will make that property insignificant to him.

He needed his mother's prayers and blessings more than he needed that building and marriage.

He should appear to his mother and seek for her forgiveness.

With God's grace through his mother's prayer and blessings he will be able to achieve even more than he could ever imagine.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Damseldammie(f): 9:41pm On Aug 09, 2021
Slimslimqq:
oh! My bad. I didnt seem to read it well. He's a Yoruba boy. Ibadan


It’s a lie from a pit of hell, Yoruba is so rich in culture and they don’t question their mother’s authority over property

He is not a Yoruba

Mu nle
Amara
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by adanny01(m): 9:46pm On Aug 09, 2021
Pavore9:
For him to be the first son means he has siblings, those siblings have a right to live in their father's house till they get settled enough to live independently....it is their family's house irrespective of how the first son supported their late father in the building.

Rather unfortunately, you are correct.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by udofa67: 9:49pm On Aug 09, 2021
In as much as i know, that house is a family house. His father laid the foundation of the house. He should acquire his own parcel of land and build his own parmenent house and forget about his late father's house.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by jaxxy(m): 9:54pm On Aug 09, 2021
chloride6:
Whoever the father thought best to inherit it.

In the absence of any will, the Mother.

Who the hell is a first son.


Are u Igbo or Yoruba? Lol
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by gbogboija: 9:58pm On Aug 09, 2021
Your friend MUMU, you ODE. What advice are you looking for on Nairaland? Ask him to meet a very wise cleric or a wise elderly person for advice.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Cousin9999: 9:59pm On Aug 09, 2021
The fact that he's wondering whether it's "okay" to put his mother on the street or in some garbage apartment is wild. He needs to be smacked.

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by jaxxy(m): 10:03pm On Aug 09, 2021
SarakiBukola:


You're a liar.

We all know he's Igbo.. na them get land squabbles the most.

South Africa angle makes it even more evident.

He cud be Yoruba and the squabble likely stems from the fact he built the house for his dad. In that case based on Yoruba custom the house belongs to him not the family. He should accommodate his mom in the new structure giving her private access to her own room.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by NoToPile: 10:04pm On Aug 09, 2021
perambulator:


You need to tell us your tribe because traditions vary in Nigeria. In yoruba land it is the wife's property until she dies, a son cannot override his mother's right to the property until she dies. I am not even sure a 1st son in yoruba land has any right over his elder sister (assuming he isnt the 1st BORN) talk less his mother.

In Yoruba land He doesn't have that right to drag his father's property with his mum. angry

If he has elder sister(s) he doesn't even have a special preference over them during property sharing.

Radarada. I think he's high on something, that's the only logical explanation to this .
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by ImaIma1(f): 10:06pm On Aug 09, 2021
Plomo:


Thought as much. In Igbo land, the son (depending on how many they are) becomes the owner of the properties once the father dies although the wife(s) get their own cut.

He also has valid claims as the first son and since it was his money that raised the house afterall. If it’s a big enough house, he can live with his mother and his future family but for privacy reasons, he might as well just rent a flat for himself.

However, if he doesn’t want to treat it as a civil matter, he can invite his clan to deliberate on the issue according to the customs of his people.


What is his past relationship with his mother like?


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

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