CUSTOM AND RIGHT OF SUCCESSION CANON OF DIVISION IN IKA CULTURE
By; Chief Onyekpeze
In the olden days, there was not much to be shared by survivors of deceased parents in terms of buildings or estates. As there were no solid or permanent buildings, the divisible items comprised of farmlands, which were in abundance, not fixed and by not scrambled for. Other items were domestic animals, farm implements and cooking utensils. These items for division were shared by all the children of the deceased (per capita) method. This method of sharing properties was commonly used in Ika towns and villages in the beginning, and all the children always went away very happily at the end of the sharing exercise.
But as development crept in with durable buildings, estates, individually owned farmlands and other divisible properties, dependents became more curious and conscious of what they would benefit from their deceased parents’ (fathers’) bequeaths. A survey of Ika towns and villages shows that division of properties according to the number of children of the deceased, which gave equal treatment to all was in vogue in many kingdoms.
A centenarian respondent said that the growing keen desire of all the children to have so much from their parents’ properties made Ika forefathers to sort of decree or provide for proper reward for a first male child of a parent in form of ‘stool property’, that is “property on which he seats”. This, he said, became necessary considering the care and services, which were the responsibilities and obligations of the first son. This, according to him, was designed by Ika forefathers to encourage first sons to take adequate care of their parents while they are old. This is the reason why the building, in which the deceased father lived and died, or any of his buildings in case there are many, and a farm land are kept aside for the first son, diokpa or idioma as stool property, before other properties are shared with agreed method among the children.
Division of properties according to the number of mothers with children for a man (per stripes) is more of a recent development, It would appear that Ika founding fathers initiated this system having observed that the former close-knit family system was eroding away over time. For example, families are becoming less closely related as before because of stiff opposition, rivalry, rapacity, bickering, unhealthy competition, fear of disappointed sons, jealousy and quarrelling among the children of the same parents. In addition, co-wives often fight for their children to acquire so much from their deceased fathers’ properties, which tends to aggravate the situation in the traditional order.
The third method whereby some parents share their buildings, plantations and other properties, while they are alive, which is now rearing its ugly head in Ika community, is an off-shoot of the per stripes method of division.
The issue of the custom of sharing the estate or property of a deceased among his or her children has continued to cause disaffection, enmity, hatred and even disintegration in societies. In recent times, the issue poses an endemic problem that has torn apart a great number of families in Ika society. Some individuals and personalities have resorted to devilish acts in efforts to outwit one another in the struggle for greater shares from the property of their deceased parents. And many of litigations abound in law courts over disputes among members of the same nuclear family on inheritance.
Hence after settling all the expenses having to do with the burial of a deceased, the elders, acting in good faith and without any fraud, assemble the interested parties and bequeath the properties accordingly.
In Ika culture, the division of estate among the members of the children of the deceased may follow upon one of these three principles. These ensure interest of the peace and harmony in the families in different circumstances, as the case may be.
(a) Â Â Â Â Division (according to the number of children of the deceased): The relatively equal treatment of all the children under per capita method has the advantage or merit of fairness, which may serve to avoid dispute and jealousy in the family.
(b) Â Â Â Division per stripes (according to the number of mothers with children). Each mother thus forms a branch of the family or stock of descent, isi ube, for this purpose. This represents the children of one wife.
(c)Â Â Â Â Â In recent times, a third method of sharing properties is rearing its ugly head in Ika nation. Because of quarrels and disagreements, some of which result in court cases in division of properties, some parents now share their buildings, farmlands and plantations while alive.
However, it should be noted that the principle, which amounts to natural justice, equity and good conscience applicable in polygamous families might not, in matters of this kind, apply in monogamous families.
IMPLICATIONS
When equal division per capita is suggested, there may be a dispute where there is more than one wife with varying number of children. A dispute may arise as to what method of distribution should inevitably occur as a lone child from a wife would insist on per stripes method of sharing as against the agitation by many children from another wife or wives insisting on per capita method.
Hence in a circumstance where some members of a family in the distribution of intestate estate of their deceased parent may suggest both methods, the onus falls on the head of the family to give a decision on what ought to be. His decision based on good observation prevails on any of such circumstance.
Accordingly, in a circumstance where the division by per stripes. system is adopted, the competing desires of the children should be resolved according to it. In that circumstance, it is the right of an only child of one mother, for example, to have his father’s intestate estate distributed per stripes, whatever the other children may think about it.
However, it has been argued that to leave the matter to the head of the family is to substitute personal discretion for the arbitrage of law and to encourage a change of the law by those who stand to gain by formulating dispute. The head of the family is of course, an interested party, and to make him the final arbiter is to go against the rule of natural justice that a person should not be a judge in his own cause. Human nature is not imbued with so much altruism that we can expect the head to take a decision prejudicial to his own interest.
Another aspect of intestate succession is that a child shared out to the mother’s family cannot succeed to the estate of his putative father but he may share from his mother’s property. His father and the mother’s father he served may also ‘will’ something to him through death-bed declaration.
SEE ALSO:Â CUSTOMARY RULES OF SUCCESSION AND INHERITANCE IN IKA WORLD Pt II
CASES OF SURVIVING SPOUSES, WOMEN AND CHILDREN
Also, a surviving spouse cannot under the Ika customary law succeed the property of the other. In the absence of surviving children, the property which is intestate inherited will devolve on the members of the family from which it came.
When a child dies intestate, his eldest brothers of full-blood will be exclusively entitled to succeed to his estate to the exclusion of his half-brothers and sisters, being children of different mother. In absence of brothers and sisters, the property will devolve on the parents of the child. The moveable property of a daughter who dies interstate goes to her full-blood brothers and parents. Her sisters take her articles of dress and ornament.
It is also the rule of Ika customary law of succession that the property of a woman devolves on intestacy on her children in the common. Consequently, distribution will be per capita, but the share of her grand child whose father or mother predeceased her ‘will’, shall be in division of her real estate per stripes.
A wife has no right to succeed to her husband’s property. She is entitled, as of right, to occupy his dwelling home or part of it, subject to good behavior (before now, if she was a nwunyen). If she does not marry any member of her husband’s family but remains here, she is entitled, in addition, to be shown some portions of her husband’s farmland to cultivate.
The property of a woman, which she did not take to her husband’s place, remains the property of her father’s family. Her immovable property, which she took to her husband’s place and house acquired while there, go to her children. Her daughters will take her articles of personal adornment such as necklace, etc. Her landed property she had before marriage devolves on her children or her father’s family, if she ceased to enjoy such property on marriage. Even if she continues to enjoy the property but lived in her ante-nuptial house, the father’s family would inherit the landed property. Where she acquires landed property during the period of her marriage, the property would devolve on her sons. But where there are no sons, her husband would inherit the property. Her movable property acquired during marriage goes to her children.
Also in vogue is the ‘stool property’ in intestate succession. This is a custom whereby the eldest surviving son has occupational right over the house in which his deceased father lived and died. In some areas in Ika Nation, this occupational right extends to one farmland before the rest of the property are devolved with whichever method. Some personal effects like guns, livestock, farm implements, beads, are included in the occupational right.
PARTICIPATION IN THE BURIAL OF PARENTS
It is the custom of the Ika people that all the children must contribute to, and take part in the performance of the funeral ceremonies of their deceased parents. In some families, some children may be excluded on the discretion of other children of the family either for age or for any other reasons. This gives all of them right of inheritance.
In some instances, the cost of burial is shared among the children of different mothers, in which case the eldest child of the mother takes care of his share with his full-blooded relations.
If the eldest surviving male child dies without performing the customary funeral ceremonies for his deceased father’s burial, the right of inheritance passes on to the next junior brother who performs the ceremonies. When there are no male issues, the right passes to female issues.
ADMINISTRATION OF ESTATES
In some situations, properties are held in trust by the oldest male child of the deceased. He holds the property, however, as an administrator of the estate of his father, and has the power to assemble the property and collect debts, and the duty to maintain his deceased father’s widow (s) and children.
Where there is no male issue, the eldest brother of the full- blood or half-blood will take over the administration of the estate (full-blooded brothers have priority over the half-blooded in this case). But where a daughter remains unmarried and stays in the father’s house for the purpose of raising sons in his name, thus putting her in the position of a son, she can succeed to her father’s land. This daughter is known as idegbe in Ika kingdoms. In Ika custom, daughters do not inherit their father’s land property under normal circumstances.
It is necessary to add that executors of properties of orphans left by their parents should not unjustly make use of them. “Those who unjustly eat up the property of orphans, eat up a fire into their bodies; they will soon be enduring a blazing fire”.