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Legal Advice Needed Please by emmiesky(m): 11:32am On Aug 31, 2021
I am from the Southern part of Nigeria- South South precisely, .... So folks, I have been having sleepless nights as it pertains to an issue that bothers me a whole lot. Lost my dad around March 2020 (He died intestate) burial rites and all that concluded. Some months after the burial our attention was drawn to a newspaper publication concerning letter of administration which to our shock was done by my step-brother without prior notification/consultation with the rest of the family. We had to go to the probate court to confirm things for ourselves, lo & behold there was everything in black & white. It was at this point I had to enlighten the probate guys that we weren't aware of what's going on & besides everyone is not fully represented/captured by the said publication. My dad had two children out of wedlock - my step step-brother who is the first son, my immediate step sister(from another woman too) who is the second child.
With proper explanation, the first application was trashed & a new one put up capturing all parties involved. My step brother has been the one communicating more with the probate guys & I smell something shady/fishy is going on because even I asked to go through the earlier application, the lady in the probate office refused that. Aside that my step-brother has been throwing threats of how he was going to throw my mom & invariably I out of the main house because he occupies a building behind the main house. This threats have been a cause for concern for me because I don't want any troubles as it concerns my mom - who is retired & should be enjoying her retirement in peace & not some full grown man putting everyone on high alert because he refused to make hay while the sun shined.
Please I'm soliciting the advice of legal luminaries/minds on possible legal action(s) to be taken to help forestall breakdown of law & order.

Mod please help push to front page.
Re: Legal Advice Needed Please by WalkinggBenson: 11:37am On Aug 31, 2021
Following
Re: Legal Advice Needed Please by debbydams(f): 11:42am On Aug 31, 2021
WalkinggBenson:
Following
he said he needs Advice,wetin u dey follow ? Huh
Re: Legal Advice Needed Please by WalkinggBenson: 11:46am On Aug 31, 2021
debbydams:
he said he needs Advice,wetin u dey follow ? Huh

In need of same advice ma'am.

1 Like

Re: Legal Advice Needed Please by Mood11: 11:55am On Aug 31, 2021
I lack the legal parlance to say that I find this capricious despite the fact that I am not a legal luminary.
Re: Legal Advice Needed Please by yanabasee2: 12:05pm On Aug 31, 2021
This is happening either in Calabar or Akwa Ibom state....


The people there are very greedy and often have kids out of wedlock and the children often become a torn in their flesh.... it's a normal practice over there..... Reasons why those studying law and becoming lawyers are very good at defending land issues only...


OP, sometimes, this case takes a wrong turn having one party go diabolical to win all cases or using hoodlums to intimidate the other party and bribing the police force to stay away from it...


I'll ask that you involve elders of the land and seek their advice...


Good luck!

1 Like

Re: Legal Advice Needed Please by LutanFyah: 12:06pm On Aug 31, 2021
If your father died intestate, his properties will be shared according to the traditions of his people. So the bastard is wasting his time and resources. If your mum was really married into that family, tell her to get the elders and Uncles on her side (you can help her to do this) and they will put the bastard in his place.


Where I come from,that bastard has no single right to the man's property. Imagine a bastard threatening my mum and trying to steal my father's property. I will let him know that I am the son of the soil and he is just a bastard.

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Re: Legal Advice Needed Please by wunmi590(m): 1:41pm On Aug 31, 2021
Mood11:
I lack the legal parlance to say that I find this capricious despite the fact that I am not a legal luminary.

Re: Legal Advice Needed Please by JovialJune(f): 3:41pm On Aug 31, 2021
LutanFyah:
If your father died intestate, his properties will be shared according to the traditions of his people. So the bastard is wasting his time and resources. If your mum was really married into that family, tell her to get the elders and Uncles on her side (you can help her to do this) and they will put the bastard in his place.


Where I come from,that bastard has no single right to the man's property. Imagine a bastard threatening my mum and trying to steal my father's property. I will let him know that I am the son of the soil and he is just a bastard.


Nice one.

And ladies going for single fathers, especially the ones with a son/sons, this thread should be a lesson that the sun doesn't shine there in the long run, na so so unending family issues to resolve every time, never settle for less cos single fathers/fall in that category, people advicing you will never advice their brother to go for a single mother, we have seen how most men insult and castigate single mothers/baby mamas here, so don't fall for the male ones.

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Re: Legal Advice Needed Please by esthel(f): 9:13pm On Aug 31, 2021
Write a letter to the Chief Judge Judge of the state, Write the probate registrar too and intimate them of all your travails. Get a lawyer to file a caveat on the properties too. This shows there are issues among the applicants and letter of administration will not be granted till the issue of caveat is sorted.

Also even when the letter of administration is out, he won't be the only administrator of the estate. Anything he does alone without the signature of other administarors will be null and void.

Where is the wife of the deceased in this matter, because she holds the first position in order of grant of probate even before the children.

2 Likes

Re: Legal Advice Needed Please by esthel(f): 9:24pm On Aug 31, 2021
LutanFyah:
If your father died intestate, his properties will be shared according to the traditions of his people. So the bastard is wasting his time and resources. If your mum was really married into that family, tell her to get the elders and Uncles on her side (you can help her to do this) and they will put the bastard in his place.


Where I come from,that bastard has no single right to the man's property. Imagine a bastard threatening my mum and trying to steal my father's property. I will let him know that I am the son of the soil and he is just a bastard.

There is no bastard/illegitimate children according to the law as long as the father acknowledged him as his child before his demise. He can validly challenge any action that seeks to deprive him from benefitting from his father's properties.

Although in this case that brother is just being greedy, he isn't the only child so they need to call his bluff on time.

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Re: Legal Advice Needed Please by LutanFyah: 9:38pm On Aug 31, 2021
esthel:


There is no bastard/illegitimate children according to the law as long as the father acknowledged him as his child before his demise. He can validly challenge any action that seeks to deprive him from benefitting from his father's properties.

Although in this case that brother is just being greedy, he isn't the only child so they need to call his bluff on time.
The father died intestate and when such happens,the tradition is the yardstick to share properties.

The constitution guarantees freedom of movement but can you take a stroll as a non-initiate during the masquerade festival in some Yoruba state?


In some northern states, children still inherit their late father's wives, brothers still inherit their late brother's wives,but your constitution says women are not properties.

We still have Osu in the east but your constitution says everyone must be treated with dignity and respect.


Please, wake up and smell the coffee, people existed and had a way of life before this contraption called Nigeria and its constitution came into existence.

1 Like

Re: Legal Advice Needed Please by emmiesky(m): 10:45pm On Aug 31, 2021
yanabasee2:
This is happening either in Calabar or Akwa Ibom state....


The people there are very greedy and often have kids out of wedlock and the children often become a torn in their flesh.... it's a normal practice over there..... Reasons why those studying law and becoming lawyers are very good at defending land issues only...


OP, sometimes, this case takes a wrong turn having one party go diabolical to win all cases or using hoodlums to intimidate the other party and bribing the police force to stay away from it...


I'll ask that you involve elders of the land and seek their advice...


Good luck!

From your username, seems you're from this parts. You're not far from the truth Bro. Indeed he has been a thorn in our flesh. He's been at loggerheads with my dad even until his demise. I'm just tired of the whole scenario playing out now because I never bargained for this. The least the old man should have done was leave behind a will which will avert this whole drama. Even my old man had always pointed out that he knows the young man will be a problem in the event of his death.
Re: Legal Advice Needed Please by yanabasee2: 12:27am On Sep 01, 2021
emmiesky:


From your username, seems you're from this parts. You're not far from the truth Bro. Indeed he has been a thorn in our flesh. He's been at loggerheads with my dad even until his demise. I'm just tired of the whole scenario playing out now because I never bargained for this. The least the old man should have done was leave behind a will which will avert this whole drama. Even my old man had always pointed out that he knows the young man will be a problem in the event of his death.


I am not from SouthSouth.... I schooled in Calabar, so I have little knowledge...


Anyway, this will not end well.... It's either you let everything go or risk losing your life or that of your siblings to it...


Your step brother with his entitled mentality sees himself as the original owner of every given assets.. So you can't fight it...


Sometimes the family elders come together to share the entire properties.....


Left for me.... I have been able to work for myself and build so much for my children.... I am yet to struggle anything from my late father...
Re: Legal Advice Needed Please by Dtruthspeaker: 6:08am On Sep 01, 2021
LutanFyah:

Please, wake up and smell the coffee, people existed and had a way of life before this contraption called Nigeria and its constitution came into existence.

And this is where The Law of "Natural Justice, Good Conscience and Equity prevails"

Any Practice that is Wicked, unfair and unjust, is repugnant and therefore UNLAWFUL!

so when challenged, it will be declared unlawful and all the facts you raised up there have been truly declared unlawful by the Courts!

However, there is another law people use to bring harm to themselves The Law of "Consent is The Law"

Therefore, if you consent to a harm done to another, you consent to that harm to so be done to you.


That is what has powered these wicked traditions and practice.
Re: Legal Advice Needed Please by sisisioge: 7:05am On Sep 01, 2021
JovialJune:



Nice one.

And ladies going for single fathers, especially the ones with a son/sons, this thread should be a lesson that the sun doesn't shine there in the long run, na so so unending family issues to resolve every time, never settle for less cos single fathers/fall in that category, people advicing you will never advice their brother to go for a single mother, we have seen how most men insult and castigate single mothers/baby mamas here, so don't fall for the male ones.

This makes sense o....single fathers should be stigmatised too. I agree. See how they are stressing the poor woman and her children now. To make matters worse, the dude didnt think to have a will. Whew! Please ladies....do not touch those silly father! grin grin grin

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Re: Legal Advice Needed Please by LutanFyah: 11:32am On Sep 01, 2021
Dtruthspeaker:


And this is where The Law of "Natural Justice, Good Conscience and Equity prevails"

Any Practice that is Wicked, unfair and unjust, is repugnant and therefore UNLAWFUL!

so when challenged, it will be declared unlawful and all the facts you raised up there have been truly declared unlawful by the Courts!

However, there is another law people use to bring harm to themselves The Law of "Consent is The Law"

Therefore, if you consent to a harm done to another, you consent to that harm to so be done to you.


That is what has powered these wicked traditions and practice.
The interpretation of law of natural justice and what nots in Nigeria is tied to the interpretations given to it by the colonialists/imperialists and not what the indigenous people interpret it to be;given the fact that they had a life,rules and regulations before the colonial masters invaded their lands.

In India,polyandry is their way of life, in Africa, polygamy is their way of life. The world doesn't revolve around every whims and interpretations of Europeans and Americans.

1 Like

Re: Legal Advice Needed Please by Dtruthspeaker: 1:30pm On Sep 01, 2021
LutanFyah:

The interpretation of law of natural justice and what nots in Nigeria is tied to the interpretations given to it by the colonialists/imperialists and not what the indigenous people interpret it to be;given the fact that they had a life,rules and regulations before the colonial masters invaded their lands.

While what you have said above is truly the report of observations made by other persons, you did not take note of the fact that you too, being a thinking and informed person, also has the Right to query and review the observations and opinions of others, whoever they might be, whether by the use of your own natural and good thinking, you would agree with them if given the facts.

And this is where the views of other thinkers and philosophers come into play, especially those of the past, who were much closer to the beginning of the World (I have Seen that The Truth is always in the Past).

And this is where the School of Naturalism, is the greatest and best for they were a people close to the beginning of this world and their opinion held ground unchallenged.

And if you look closely, it is not that the spirit and idea of naturalism is challenged rather the challengers were only querying (not challenging) the comments attempting to fully capture the whole of Natural Law, which no one can flawlessly capture, because Natural Law is Way too Wide to be wholly captured.

So my interpretation is not limited to the interpretation given by those armed theives who Unlawfully Ruled us, and gave us the tradition of the book of Lies (the Constitution) but it goes as far as good, fair and just reason can go and should go

And these reasons and laws surpass every other false and wicked regular practices (tradition/custom).

LutanFyah:

In India,polyandry is their way of life, in Africa, polygamy is their way of life. The world doesn't revolve around every whims and interpretations of Europeans and Americans.

And where do you think "way of life" (customs and traditions) TRULY comes from? (The direction of their laws already show you who owns the laws).

Thus, I am interested in what is Good, Reasonable, Fair and Just, which is what Natural Law Upholds!

And it is even right there in their Fake Law Books, "To uphold natural justice, equity and great good conscience".
Re: Legal Advice Needed Please by jeff1607(m): 1:32pm On Sep 01, 2021
LutanFyah:
If your father died intestate, his properties will be shared according to the traditions of his people. So the bastard is wasting his time and resources. If your mum was really married into that family, tell her to get the elders and Uncles on her side (you can help her to do this) and they will put the bastard in his place.


Where I come from,that bastard has no single right to the man's property. Imagine a bastard threatening my mum and trying to steal my father's property. I will let him know that I am the son of the soil and he is just a bastard.

So true
Re: Legal Advice Needed Please by Sanchez01: 1:43pm On Sep 01, 2021
esthel:


There is no bastard/illegitimate children according to the law as long as the father acknowledged him as his child before his demise. He can validly challenge any action that seeks to deprive him from benefitting from his father's properties.

Although in this case that brother is just being greedy, he isn't the only child so they need to call his bluff on time.
Whether or not the father acknowledges the child or children is immaterial. Those born in this manner are referred to as illegitimate children or bastards. Their claims to properties is secondary compared to the children married by the man.

That said, most Nigerian traditions do not favour bastards. The only time they are favoured is when the man has no rightful male child. The bastard, if it's a male, would be preferred over the females.

To win and stand a fair chance, OP should rally his late father's family and let them in on the craze of the step-brother.

Until the rightful children take their share and are full, bastards won't be entitled to a single pin. Strangely, this tradition is not only Nigeria's.

1 Like

Re: Legal Advice Needed Please by MufasaLion: 1:54pm On Sep 01, 2021
As a man it's advisable to have a will before you die. Especially when you know that you've had children out of wedlock.

1 Like

Re: Legal Advice Needed Please by delishpot: 4:44pm On Feb 07, 2022
Poster, happy new year. Sorry about dad's passing. As for your step bro, I will put you in prayer. Don't challenge him to a battle no matter what. Disagree with him if you must, but dont make an open challenge. Keeo calm and see how it will play out.
Re: Legal Advice Needed Please by baby124: 5:18pm On Feb 07, 2022
Get a good lawyer dear. Make sure you include the land your foolish step brother is living on as part of your fathers estate, so his share will be further reduced. Also get security in your compound to keep a close eye on him. Go to police and lodge a record of his threats. Let them invite him to sign an undertaking. Should anything happen to you or your mum, he will be arrested.
Re: Legal Advice Needed Please by emmiesky(m): 10:29am On Feb 24, 2022
delishpot:
Poster, happy new year. Sorry about dad's passing. As for your step bro, I will put you in prayer. Don't challenge him to a battle no matter what. Disagree with him if you must, but dont make an open challenge. Keeo calm and see how it will play out.

Thanks so very much for your kind words & advise. At this point I & my family will need all the prayers we can get. Will very much appreciate if you remember us in your prayers. Thanks a bunch Bro.
Re: Legal Advice Needed Please by emmiesky(m): 10:31am On Feb 24, 2022
baby124:
Get a good lawyer dear. Make sure you include the land your foolish step brother is living on as part of your fathers estate, so his share will be further reduced. Also get security in your compound to keep a close eye on him. Go to police and lodge a record of his threats. Let them invite him to sign an undertaking. Should anything happen to you or your mum, he will be arrested.

Will keep that in mind. Thanks so very much for this wonderful piece of advice.
Re: Legal Advice Needed Please by Dtruthspeaker: 10:10pm On Feb 24, 2022
esthel:


There is no bastard/illegitimate children according to the law as long as the father acknowledged him as his child before his demise. He can validly challenge any action that seeks to deprive him from benefitting from his father's properties.

Although in this case that brother is just being greedy, he isn't the only child so they need to call his bluff on time.

It now appears that he is the one doing the depriving

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