ABSTRACT
Succession is the right to acquire property by inheritance after the death of the real owner in law, to the beneficiary or beneficiaries, who becomes the owner of such property, whether real or movable. This right is very important, not only because of the feeling of inclusion it bestows on the person at the receiving end of such property, but also on the ensuing economic benefit. It goes without saying, therefore, that those who receive property by inheritance are those in whose hands gold is deposited for mining. Moreover, in a country where social security benefits, social welfare and pension are but a mirage, the right to inherit property may be the only mainstay of persons.
Primarily, property is divided into two heads; real/immovable property, and movable property with the former accepted to be of more economic value generally. It is against this background that this work examines the rights of female persons (widows and daughters) to the inheritance of real property in Nigeria.
This work examines the various systems of inheritance of property namely testacy, intestacy and customary laws. While reference would be made to the first two systems, the last system i.e. customary law is of overwhelming importance and forms the bedrock of this inquisition. The practice of various customs would be examined. This work juxtaposes the customary law relating to widows and daughters and their rights to inheritance of real property with the provisions of the constitution as well as other legislation that shun gender based discrimination. Recourse is also made to the repugnancy and public policy tests for the enforcement of customary law. Passing reference is made to the customary law position in other African jurisdictions. This work concludes that such laws which discriminate against the right of widows and daughters to inherit should be set aside and that irrespective of gender, females should stand on equal footing when it comes to inheritance of real property.
