MALE AND FEMALE CHILDREN HAVE EQUAL RIGHTS TO INHERIT THEIR PARENT’S PROPERTY

MÂLE AND FEMALE CHILDREN HAVE EQUAL RIGHTS TO INHERIT THEIR PARENT’S PROPERTY

Gone are the days when property inheritance is reserved for men of the household of a deceased person. The siblings or family members of a deceased person cannot take over the property because the deceased has no male children.

If the deceased dies without a Will, no member of the family can be disinherited on the basis of gender. This was the decision of the Supreme Court of Nigeria in UKEJE V UKEJE (2014) 11 NWLR (Pt. 1418) 384 where the Supreme Court held that the Court of Appeal, Lagos was right to have voided the Igbo native law and custom that disinherit female children.

Hon. Justice Bode Rhodes-Vivour JSC, who read the lead judgment, held that: “No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late
father’s estate. Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is in breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.

The said discriminatory customary law is void as it conflicts with Section 42(1) and (2) of the Constitution. In the light of all that I have been saying, the appeal is dismissed”.

As a parent, it is pertinent to leave a Will that narrates how you desire your property to be shared among your children after you have lived long and go to rest. As a child, if you have issues relating to property inheritance, please discuss with a property lawyer for appropriate guidance. Thank you.

Happy December!

Legal Practitioners And Consultants (Real Estate Consultants)