By Ebunoluwa Sessou

Inheritance has been a major challenge for families especially when the deceased was the head of the House. Families, especially the female gender, tend to be at the receiving end. In this interview, Barr. Turayo Falade, a property lawyer examines all the intrigues in inheritance tussle and the way forward.

What are the likely laws that back women’s right to inheritance?

In Nigeria, there have been several laws enacted to support women’s rights to inheritance. Here are some key legal provisions that protect women’s inheritance rights:

The Constitution of the Federal Republic of Nigeria (1999): The Nigerian Constitution guarantees the right to equality before the law and prohibits discrimination on the basis of gender. This provision forms the basis for promoting women’s inheritance rights.

The Matrimonial Causes Act (1970): This Act recognizes the rights of married women to inherit property from their spouses. It grants women the right to claim a share in the estate of their deceased husbands, including movable and immovable property.

The Wills Act (Wills Act Cap W8, LFN 2004): This law governs the testamentary disposition of property in Nigeria. It ensures that women have the right to make wills and bequeath their property to whomever they choose, including other female relatives.

The Administration of Estates Law: Various states in Nigeria have enacted legislation relating to the administration of estates. These laws generally aim to ensure that widows and female children are adequately provided for in the distribution of the deceased’s estate.

The Child Rights Act (2003): Although not specifically focused on women’s inheritance rights, this Act prohibits discriminatory practices against children, including the denial of inheritance rights based on gender. It guarantees the right of every child to inherit property from their parents.

The Violence Against Persons (Prohibition) Act (VAPP Act) (2015): This Act addresses various forms of violence, including economic violence, and recognizes the right of women to own and inherit property. It criminalizes the denial of inheritance rights to women and provides legal remedies for victims.

Customary Law Reforms: Some states in Nigeria have taken steps to reform customary laws that previously discriminated against women in matters of inheritance. These reforms aim to promote gender equality and protect women’s rights to inherit property.

It is important to note that the specific laws and their provisions may vary depending on the state in Nigeria. While efforts have been made to strengthen women’s inheritance rights, cultural practices and implementation challenges can still hinder the full realization of these rights.

How can women possess landed properties when the opportunities arise?

In Nigeria, women have the legal right to acquire landed properties just like men. Here are some steps that women can take to acquire landed properties in Nigeria: Engage the Service of a Real Estate Lawyer: The lawyer will conduct thorough search on the specific property you have identified to acquire. This includes verifying the ownership, conducting a title search, and ensuring that the property is free from any encumbrances, government acquisition or disputes. It is a duty of the lawyer to also prepare the legal documentation and process the perfection of title after the property has been acquired. For the legal documentation, it is advisable for the woman to have it executed in her own name. This is necessary in order to differentiate what belongs to her from her husband’s.

Engage Other Professionals: Seek the service of professionals such as licensed surveyors who can provide guidance in terms of property valuation and drawing the survey plan so that the approximate area of the land acquired can be delineated in a plan and lodged accordingly.

It should be noted that the specific procedures and requirements may vary depending on the location and state regulations. Engaging professionals and seeking legal advice will help ensure a smooth and legally sound acquisition of landed properties.

For those women whose husbands marry more than one wife, how can the issue of land/house inheritance be resolved? 

In Nigeria, where there are multiple wives to a deceased person, resolving the issue of land or house inheritance can be complex. The resolution process often involves a combination of legal provisions, customary practices, and family negotiations. Here are some steps that can be taken to address this situation:

Consult the Deceased’s Will: If the deceased person left a valid will, it is essential to review its contents. The will may specify how the property should be distributed among the wives and other heirs. If the will exists, its provisions should be followed, provided it complies with the relevant laws.

Understand Applicable Laws: Familiarize yourself with the relevant laws governing inheritance in Nigeria, including both statutory laws and customary practices. These laws can vary depending on the deceased’s religion, state of residence, and cultural background.

Consulting with a lawyer who specializes in inheritance law can provide guidance on the applicable legal framework.

Engage in Family Mediation: In situations where there is no clear will or legal provision, it is advisable for the families involved to engage in mediation or negotiation. This can involve the wives, other family members, and community or religious leaders who can help facilitate a fair and amicable resolution. The goal is to reach a consensus that considers the needs and rights of all parties involved.

Consider Customary Practices: In some cases, customary practices may play a significant role in determining the distribution of property.