Does A Wife Have Right To Her Husband’s Property After His Death?

Considering the current recurring situation where many widows have fought for their constitutional right to property in court but with inconsistent results, women are beginning to be intentional with knowing if a wife has the right to her husband’s property after his death. They also want to know their right to retrieve stolen property if the case runs in their favour. Stolen property here implies property already occupied, taken over or sold by in-laws.

Any question about whether wives have the right to their husband’s property after his death is only necessary where the husband died without a Will.

Issues relating to the rights of heirs to a property is of high interest to women because while some culture deprives them of inheriting from their deceased father’s estate with the hope that they will reap from their husband, they might end up marrying a man whose culture also deprives them the right to their husband’s property when he dies. This is obviously a two-way loss.

To put words in perspective, let’s look at – what is the right to property?

Right To Property (Definition)

The right to property is the legal ownership and use of resources. In this case, the focus is a widow’s right to inherit some or all of her late husband’s property. It is important to emphasize that her children and co-wives also have such rights. Therefore, chances are she can only inherit a portion of her deceased husband’s property.

Tribal Influence On The Right Of Heirs To Property

Our customs and traditions influence widows’ right to own their deceased husband’s property. While the Yoruba customary law of inheritance gives all surviving children, irrespective of their gender, rights of heirs to their father’s property, wives have no claim to any share as they are not related to the family by blood. However, they can be given a portion of farmland and allowed to keep living in their deceased husband’s house with no exclusive right to own the property. All property goes to her late husband’s family if the widow has no surviving child for her late husband.

In Igbo land, only male children have the right to their deceased father’s property. In the absence of a male child, the blood brother of the deceased inherits the property. The widow is only allowed to live in her deceased husband’s house as long as she is of good behaviour. This practice has been repeatedly nullified since 2014 by the supreme court of Nigeria as it isn’t in tandem with the constitution.

The Hausas adopt the right to property in Islam which states that half of the deceased father’s property goes to his sons. An only son takes the entire half, while he takes the entire property if he is an only child.

The widows of the deceased husband are to share one-fourth of the property among themselves. In the case of just one surviving widow, she takes the entire one-fourth of the property.

The remaining portion (also one-fourth) goes to the daughters of the deceased. She receives half the property if she is the only surviving child of her late father.

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Right To Retrieve Stolen Property

Property obtained by corruption, false pretence or demands with menaces is considered stolen. It is the felonious taking of the personal property of another without consent and with intent to keep or use it wrongfully. It is also when someone fraudulently converts another person’s property to theirs. A widow whose in-laws took over her inheritable property has the right to retrieve such stolen property by engaging the service of a competent lawyer to institute a legal action in a court of competent Jurisdiction.

Does A Wife Have Constitutional Right To Her Deceased Husband’s Property – Conclusion

Everyone has the constitutional right to property, irrespective of their gender. Any tradition or custom that tries to deprive a widow or girl child of that right is discriminatory and barbaric in this 21st century. Thus, it is needless to ask if the right to property is in the constitution.

However, the cost of fighting for your right to property in court is so much that most Nigerian widows can’t afford it. That’s why it is advisable for women to buy their own property while they are young and strong. It’s likened to buying your umbrella before the rainy season comes.

You can contact our real estate consulting team to get real-time information on how to own your choice property and probably spread payment over a few years.