ADVICE FROM OPRESSION / WAY FORWARD NEEDED
Please I need advice. I wrote to you sometime back about an evil step brother who has been giving us problem since we lost our mum. We went her ahead with your advice and let him do all he wants in the burial.
Immediately after the burial he started making moves for our mums property to be shared.
We lost our mum barely 2years ago. We are seven children whom she birthed. The eldest is a boy who is almost 35years now. My mom bore him for a different man before she met my dad and bore the other six of us for him. This boy was financial set up by my mom and shortly after that they had issue and a quarrel set in. This quarrel sprang up from my moms believe that he is wicked and wants only him to be cared for by her. She didn't really go into details on what he did but we know some.
As their quarrel continued, we lost her untimely. Immediately she died he started seizing her properties and made burying her difficult (thank God we passed that stage). After the burial he started the process of sharing her properties. We declined in sharing because it was too sudden and we never even thought of her properties been shared.
He summoned us thrice to the palace of the king of my mothers place which is in Delta state. I and my siblings did not oblige the summon. He later summoned us to the place of the king in the place where we are based in delta state and we obliged. The chiefs withdrew the case and called for peace warning him to be mindful of his act and be a good elder considering he is 10years older than me and our last child is barely 12years old.
They called for peace and told him to stop the property race. He acted cool and summoned us again to the palace that he wants the property shared. We went for the sharing at my mothers village accompanied by a chief from the palace who was asked to guide us to stall foul play. On getting there the chief halted the sharing because my mothers people where playing games. According to the custom (which I have not verified yet) the eldest son is given the house the mother is buried in and then he picks any property he likes after which we pick (I.e all six of us pick a property) and he picks again.
The chief who is from that place but a different clan said that is not done in all cases. He also said why will our step brother reject the place his mum was buried and pick the house we live in which is owned by her.
Our house has three flats. Two are uncompleted and the completed one is the one we live in. The land is on my moms name but she and my dad built it together. There is a parcel of land (100 x 100 I think) in the land. He recently sold the land to a new land owner close to us without any papers. We have reached out to the man and he said he bought it after seeing a deed of property shared. We did not share any property neither where we present for it. He forged that deed signed by the king of my mothers place.
He also sold a piece of land my mom bought and was building a shop on. The land was even bought in my siblings name. My mom has two ware house, some uncompleted block of houses and a huge parcel of land in a community where she runs her business and he has rented one of the ware house and has been asking us to sell out the entire properties then divide the money.
My mom toiled for all her properties. She will never want us to sell it. I and my sibling have been running the business to bring it back to prominence and he is making every other thing difficult.
He sent us a legal letter some months back referring to himself as our landlord and asking us to quit the house we stay. He even stated in the letter that we should make repairs and pay for damages in a house we built alongside our parents and have been staying since our last child was born. We paid a lawyer to respond to the letter and write to the man who bought the land. It's almost a month now and he has not sent the letter. His reason is that court is on strike and the letter needs to be signed by the court. I asked another lawyer and she said the court doesn't need to sign the legal letter since the it's a letter and the lawyers is a solicitor.
The man who bought the land from his is already laying foundation. He has fenced our land into his formerly purchased land and is building. He even cut down my mums tree which is on the land.
What do we do?
How do we go about this? Does anyone know the custom associated with sharing properties for a woman in Orogun? Can the legal letter be sent without the court signing? Can we demolish what that man has raised on our land?
For those who are wondering why my dad is not in the picture. My mom and dad were separated before her demise. He doesn't want us to have anything to do with her or her properties and he can't even care for any of us. Four of us are in school and we are fending for all that from her business.
I am just tired . Please I will need all kinds of meaningful advice especially legal advise. I will gladly clarifying anything in the comment session.
For those who are wondering why my dad is not in the picture. My mom and dad were separated before her demise. He doesn't want us to have anything to do with her or her properties and he can't even care for any of us. Four of us are in school and we are fending for all that from her business.
I am just tired . Please I will need all kinds of meaningful advice especially legal advise. I will gladly clarifying anything in the comment session.
Thanks for posting ma Stella....Lots of love 
*Hmmmm this is really serious!
Your mum was rich!
Is there any Lawyer here that can help with advice on the way forward?
End time brother! He reeks of Laziness! Instead of you to join hands with your simblings after your mothers death, you are fighting them. Elder brother that is supposed to protect and lead. Plz get a very very good lawyer. He will not rest till he sells everything off.
ReplyDeleteI don't know what to say to you cos i am speechless tbh.Such cruelty..
DeleteBut poster his sharing formula is fair.
DeleteHe is her son too.
Or you guys sell off all the propeŕties and share the money.
There was no will
Anon 17:22, how is it fair to ask his siblings to pack out? Including a 12 year old child or are you in the same whatsapp group?
DeleteThe courts being locked, is not an excuse for your lawyer to serve a letter. I find that quite suspicious.
DeleteSince your mum died intestate, your best bet will be to approach the Probate Registry of your State for Letters of Administration.
While that is ongoing , make sure you guard all the Deeds to your mum's properties. If you have her Atms, ensure you transfer all the monies to a seperate account for you and your siblings.
In addition, get another lawyer who will write to the person who fraudulently acquired the land from your brother.
If the purchaser fails to seek for amicable settlement, at least you will have evidence to back up your claim for injunction.
Your brother has no legal right whatsoever to write to you as "landlord", so you have absolutely nothing to worry about
In all, just get a lawyer resident in that jurisdiction who will advice you properly
It takes one bad child to ruin every single thing.
DeleteCan you imagine such wickedness
Please go the legal way, send him a letter.
You too if you have any documents, better sell of those remaining lands before he keeps forging and selling.
Sell the rest off and share the money left.
He doesn't even care how you all will survive.
Better sell the house you occupy
That is not the only prosperity their mother left.
DeleteThey should pack into another or sell the one they will pick n use it to rent.
He is her first son and has the right to chose first according to their custom.
Was the legal letter sent by *court* or just *lawfirm*?
DeleteIf it was sent by court, your lawyer needs to respond through court. But if it was sent by his lawyer's law firm, then your lawyer don't need court to respond.
It's sad courts are on strike. Else, you would have gotten a court order to stop the work going on there pending till court distributes your mum's estate EQUALLY amongst the SEVEN of you since she died intestate (without a will).
The properties will be shared amongst all of you (including him). It doesn't matter that he was born before your mum married your dad who she was separated from before her demise.
When court reopens, get a lawyer to go to probate and file for legal distribution of property of a deceased person who died intestate.
For now, your lawyer should write him to stop work or risk losing his investments if court doesn't award him that property when distributing your mum's properties for you people.
There is no elder brother in law. Properties are distributed in a fair & just manner.
All the best!
Please please get yourselves a good lawyer ,you as children are as entitled to your mum's properties and he is, and he sure doesn't have
ReplyDeletethe right to sell a property in your siblings name, by doing so he has already committed fraud by obtaining by false pretense.
That being said ,
I dont know the kind of lawyer you hired but being married to one I know for a fact that even if the court is not sitting, letters between solicitors can be exchanged!!! As my husband still sends out letters for his clients every single day.
And please no court needs to sign any letter.
Be wise and act accordingly.
Sue him to the customary court in your area. Their jurisdiction covers inheritance
ReplyDeleteThis makes sense.
DeleteMay your mother's soul rest in perfect peace..She did well by leaving behind a great heritage for you and your siblings; it is rather unfortunate your step brother took this route...Hmmm this case looks like what you need a SAN to take up...This step brother is very heartless...Please watch and be very prayerful as well...I wish you all the best...Ehugs
ReplyDeleteHmmm.. it is well.
ReplyDeleteI know some great lawyers on this platform will come to your aid. Also PLEASE put it all in prayers. What God cannot do does not exist. As you are pursuing the case legally, report him to God Almighty. He knows how to turn situations around. Also ask God for wisdom and favor.
It is well with you dear.
You need a well informed and grounded lawyer to tackle this issue and not the kpagolo one you're currently using..
ReplyDeleteWhat of your mum's will? Your mum's siblings and friends? No one to assist?
Stupid and useless elder brother, as long as his name is not on the will, he has no right
ReplyDeleteVery useless
DeleteYour brother is a very wicked human being.
ReplyDeleteI’m guessing your mum didn’t have a will. The proper thing to do is to consult a lawyer and have the lawyer sue your brother to court for your mother’s assets to be equitably shared amongst her children to avert bloodshed.
As for the destruction of the building, your lawyer should commence proceedings to prevent any future development of the building by the third party until the issue of ownership is resolved.
Parents get a will
DeleteIt doesn't mean anyone is wishing you death, just get a freaking will.
Call all your kids together and let them all know what they own even before you die
When you die, they already know without trying to poach into another persons property.
Where is this your step-brother’s father?
ReplyDeleteHe was not properly trained over the years.
Your mum would have initiated a solid succession plan on her properties as she is buying and acquiring them.
Keep calm and pray for help and intervention form a higher authority.
A good lawyer will advice you and your younger ones.
His father is late now but was very wealthy and he (the wicked step brother) amassed good properties from his father when he died.
DeleteHis one greedy thief
ReplyDeleteI hope you get the solution you need from here. My heart bleeds for u and ur siblings.
ReplyDeleteSome families do have them. Later some holier than thous will start preaching forgiveness when untold evil befalls someone like that. Chukwu aju.
If you can leave your brother to keep being wicked.
ReplyDeleteFind a way to raise money and start an independent business for you and your siblings. God will see you through, trust him.
Your elder brother will not go unpunished
Will u sponsor her and her siblings in school????
DeleteThank you for this response ma Eka... God has been faithful but letting him destroy all my mum toiled for isn't right na. Imagine him proposing to sell her land and ware house built in a strategic location where a proposed institution will be located soon.
DeleteAbeg abeg anonymous15:40, this your comment is so senseless.
DeleteAn undergraduate that is less than 25years old and with 5 more siblings to look after.
I guess she will have to use her urine to finance this your new business venture 🙄😏🙄😏
Poster please take it up legally.
Please look for a top lawyer that has pedigree.
Thankfully JUNSUN has called off the strike.
So court is going to be on from tomorrow.
E-hugs darling.
Please be consoled and be strong.
Your half brother is very wicked. God forbid!
ReplyDeleteWhat a useless brother. My dear , start praying , such a person can go to any mile to destroy lives. If you can move away from that house you are living the better.
ReplyDeleteI'll advice you to get a good solicitor. Sit down, discuss extensively and get the property shared immediately. You said it is too sudden to share properties. Please dear, it is not. You don't need the hassles that would come with it. If you delay further, it could get worse. That young man may have bad friends that would advice him wrongly and he'll do just about anything to get his hands on the properties. Besides, at his age, he'd want to get life started and in place, which is not so for you now. You are quite younger than him so you may not be in a haste.
ReplyDeleteSince your siblings are still quite young, you can get an injunction to oversee the share of your siblings, until they come of age. Avoid trouble. That man won't stop.
Please, tell the village leaders you want to share the properties and get them shared. To avoid stories that touch.
The village head in charge of sharing have been bribed and her loyal to his late father who once did great things for them. They are bending the rules and letting him have it all. This is the reason the chief who accompanied us there didn't let them share it. He advised we share it legally hence the elders will do everything to make sure we have nothing.
DeleteAll these issues would have been solved if there was a Will. It's really unfortunate.
ReplyDeleteJust get a really good lawyer...courts are on strike actually but there are ways round it.
I hope you figure this out.
Please if you know you have family ish...advise your parents, husband , siblings, etc to write a Will because it supercedes native law and custom
share the things now that there are still properties so you and your siblings don't loose. the way he's going about selling things, you won't have anything left sooner than you think.
ReplyDeleteShe now and gather yourself together and continue with the business than grow from there.
The little I know in law you still need the court for interlocutory injunction to be issued by a judge on the said land someone is building on.
Best advice
DeletePlease people,as soon as you have assets, please write a will. Stop this "God forbid" attitude. If the mother had left a will with a good solicitor, all these drama would have been avoided.
ReplyDeleteCall a meeting of your family elders and ask for the properties to be shared then enlist the help of a good lawyer to retrieve the ones he sold without authorisation. Goodluck.
ReplyDeletePoster, get a good lawyer that knows his job, all your lawyer needs on the letter is your instruction,his signature and seal.
ReplyDeleteWhen the court calls off the strike, institute a civil action at a highcourt situated where you live or where the properties are, instruct your lawyer to send an application to the court placing a caveat on the land in contention, as legally, nothing can be done on a property in contention, as in non of the parties must step into the property till ownership is decided.
I really do wished your mum left a will, nevertheless,the court will be guarded by the customary law of your place...
And yes,you can get the property your brother sold back as it was a fraudulent transaction, the purchaser didn't carry out his deu diligence. No legal right of ownership can flow therefrom.
Hiya, I feel for your plight. My response here will be brief as I can't give a full legal opinion on this issue here. But first, you need an exparte injunction. Since courts are on strike that may not be easy to come by so what steps can be taken? 1. Get a lawyer to write him detailing his unlawful actions which have come to the knowledge of the lawyer you guys. The lawyer remind of the fact that you all have equal rights in your mum's assets and he only cannot appoint himself an administrator. This should be step 1. The lawyer will write to your brother Nd all the other Co buyers informing them that he had no authority to transfer Title to them and so whatever title they hold is null and void. 2. Your lawyer will get an exparte order against your brother and anyone acting through him restraining them from further trespass on all assets known or yet to be identified belonging to your mum.
ReplyDelete3. While this exparte order is being sought, you will file an action against your brother. Not you alone, but all other sibling as parties and here you'll be asking the court to appoint an interim administrator to administer over your mum's assets. Any good lawyer would tow this line. So sorry to hear about your mum's death. In the long run, the property will be shared, you cannot say no to sharing it especially because has a stake there.
You guys need a good lawyer to fight this case, I hope the lawyer you paid hasn't received bribe from your step brother that he us acting slowly.
ReplyDeleteI believe Orogun is Urhobo. So please get a lawyer that understands Urhobo customary law. If you can get one knowledgeable in Orogun custom, better. But any diligent Urhobo lawyer can find out the specific Orogun custom applicable to your matter.
ReplyDeleteYour lawyer can write and send a letter without the courts' involvement. Even if your lawyer has not collected his current NBA seal from court, he can still send a letter.
If you do not mind the embarrassment, you can write boldly "this property is not for sale" on all properties he has not sold yet and photograph them pending the sharing of the properties. That will serve as warning to honest intending buyers. Only fraudulent buyers buy properties so marked. And in such case, it will be easier for you to get the court to set aside such sale.
Please agree to the sharing of the property now. Use your best efforts to make the Chiefs of the two Palaces work together to see how to share the properties. But do not agree to be co-occupants or co-owners of one property in any way. Let your brother take property shared to him wholly for himself and the rest of you can take separately or together to balance each one given to him. IF YOU TAKE TOGETHER WITH YOUR BROTHER, HE WILL SELL THE PROPERTY TOMORROW OR WASTE IT TO YOUR DETRIMENT.
And please do not blame your Mother for not making a Will. From what you wrote, it would not have made much difference - Your brother, as you presented him, is a waster; he lived for a time like this; he would have still given you trouble. I believe (but may be a wrong belief) that your brother and you all did not get along very well even before your Mother's death.
Please check this post from tomorrow to Friday. I will make efforts to check up on texts on Urhobo customary laws and make additional comments.
In uhrobo custom and tradition properties are shared to women, your bro is just a lazy greedy disgusting man.
ReplyDeleteAllow the chiefs to share the properties and start business with whatever you and your remaining siblings are given or else he will sell everything.
ReplyDeleteHe is desperate already but am saying this for him not to get too desperate, your life and that of your sibling s is more than all the golds of this world, who said you will each not achieve than your mummy but that is if you are still alive.
He will squander all the money and will still come back to want to share from the shop profit so start your mummy's business in another location.
Finally, pray and be more careful. God himself will fight your battles and protect you guys.
CHANGE YOUR LAWYEE ASAP!!!!!!
ReplyDeleteno letter needs to be signed by the court. Do that first. You need a good lawyer.
Is your dada alive? If yes, your case just got stronger. If your dad is alive and if he contracted a Marriage under the Act with your mum (court wedding), then he will also have a right to share in her estate (properties). You need a good lawyer!!!!! You can also go to the state Ministry of Justice and go to their Estate department, they would be able to provide you some guidance.
An aside, I feel your step brother felt rejected and abandoned when mumsy married your dad and raised a new family without him having the privilege of being in the new family unit.
Anyway.... Go and get a lawyer, and be willing to pay for premium services. Tell your new lawyer that you want to explore ADR (alternative dispute resolution mechanism) first, before you all resort to litigation.
May God help you all. Amen!!!!!
You know what? My instincts are telling me something spiritually deeper than what is on the surface. It always ends this way for men and women who are "involved", rich/famous in their lifetime and pass on to the great beyond - they leave tribulations and bitterness amongst their children on the assets they leave behind. I have same life experience. Before you proceed in the battle, ask your Dad some innate questions about who your mum was. Thereafter, decide if you want to continue to fight on. The lawyers (including yours), some chiefs and kings and your brother are ALL "involved" - if you are not a member, please stay off. Allow your step brother to take as much properties as he wants - they would vanish in the twinkle of an eye. Also, he may not live long. God shall provide for you and your siblings - only hold on to Him so that you and your younger siblings are alive and well.
ReplyDeleteYour late mom (RIP) knew she had a wicked first son and should have written a Will or brought those properties in each of your names.
ReplyDeleteThat way, big old wasteful half-brother won't have encroached on the ones that are not in his name.
Get a good lawyer because the one you mentioned is either "unlearned" or compromised.
Be prepared to share the properties among all 7 of you ASAP.
I have been watching justice court on youtube, contact them on facebook or instagram and see if they can call your brother to order pending when a resolution can be reached. Judge Funmi is her name but I don't know if jurisdiction will impede proceedings in your case but you can try
ReplyDeleteWith what this step siblings have showed me.....ill get him assasinated one time walahi
ReplyDeleteHow are you sure he didn't kill her. Wicked and lazy step brother. Go to bank secure that side first, transfer the cash if any. Be careful and prayerful
ReplyDeleteHmmm,the Lord is your strength
ReplyDelete