Good afternoon all,
Kindly help me on how to resolve a problem in our family.We are a family of eight my father died in 2007 left two houses behind.One house is on rent then the other one mum used to stay in to take care of my siblings.We had some confusion with the houses with my step sisters.They started harassing mum to sell the house that she used to live in because she was not working any where for her to be benefiting from two houses.Mum sold the house and shared the money equally to every one of us.She remained with one house which is still on rent,the problem is that the same step sisters still claiming to be given shares from the one house which is on rent. My question is, is it fair for mum to be still giving them shares (1)they are all married and above 35 (2)mum still has children to take to school. How best can the law help please advise.
Distraught
I am sure those step sisters are in diaspora. Because most of them are struggling there and desperate to get their hands on solid assets like property, as they rarely can own similar ones there abroad. Unfortunately for you It will be a tough fight trying to protect your property from those vultures and sadists. Lawyer up. I have powerful lawyer friends I can recommend. Contact me
Firstly your mom should have not sold the first house but gotten a smaller one and put that one on rent too. Secondly being the wife to your father, may he rest well with the Lord Jesus, is the rightful owner of the house, by law. Get her a very good lawyer, and let hem draw up a very sound legal argument and then file it with the civil division of the magistrate court.
*let him
Poverty and greediness
Tell your mother to get a good lawyer. Then apply her spousal privileges in a legal printout at the civil division of the magistrates court.
BOSS,KZ WHY IS IT THAT EVERY MATTER U WANT TO BE THERE? BETTER,KEEP THOSE LAWYERS OF YOUR SO THAT THEY HELP U DURING YOUR CASES WHICH WILL BE COMING NEXT YR WHEN PF GOES OUT OF POWER. AND I DOUBT IF AT ALL THEY WILL EVEN CAME NEAR U. FOR NOW CZ U ARE AT STATE HOUSE BUT IMMEDIATELY ECL GOES NINSHI U,LUSAMBO,RED LIP NINSHI U WILL WILL ALSO BE OUT DATED.
ASK, RICHARD SAKALA HOW LIFE IS TOUGH OVER STOLEN THINGS. U WILL LIVE TO REGRET.
It is not only your mother who has that problem. Most of the families have similar problems after the death of a breadwinner. I have just written a book trying to encourage my fellow Zambians to write wills. It will be on the shelves in bookshops next month.
Let us learn to leave our estates inorder. Death is always with us.
Dr Mbushi
Get legal assistance.
Usually the Estates of the deceased are valued, then split according to the Will or the Law.
There is percentage for Spouce and Children. In some cases deceased parents and legal dependants.
If l was you, l would value the properties to determine what each member is entitled. Sale one or properties and pay off those who want out
From the surface of the matter, they may still be entitled. What should have done was to value all the assets and divide them according to the law and sell one of the properties which will be equivalent to the entitlement of the noise makers. This was going to cut them off from the other assets. But since the first property was sold and shared by all, am afraid, they may still be entitled. These are problems men leave when they die leaving divided families…having babies in the evening of their lives…
Go to court, the interstate act will take care of everything. Unfortunately such behavior is common among women, it’s rare that men do such things. Even the families of Levy Mwanawasa and Michael Chilufya Sata have had similar problems. So this issue isn’t perculiar to those in the diaspora alone. Wilie Chisanga Nsanda left so much money that the family is even divided. The 2 administrators resigned because they couldn’t reason with the beneficiaries. All these are indications that life is vanity. Some people are stealing everyday thinking that they’re securing their future and that of their children but it’s far from it! Naked you came and naked you shall return, so says the scriptures
Lesson learnt – have your will wrote up as soon as you begin acquiring property. Have it rewritten as soon as your circumstances change. This will help to keep the family together after you are gone.
Consult a lawyer (member of the zambian bar not LLB students masquerading as legal practitioners), preferably one with a bias in deceased estates.
They will guide you on how the estate ought to be administered depending on the facts and whether or not the deceased left a valid will or not.
These are not issues that can be resolved with a simple online comment it’s quite complex.
Only 2 houses Yaku. Me I have 24 houses with only 2Kids and 1 wife. Doesn’t concern me
Your mother should have been able to live in her marital home until her death, she does not have to sell it, after death the children inherit. If your mother worked and toilet during the marriage and helped pay for the houses, she should get half or all the marital home. If the step children are over 14, they need to go to court to get their inheritance if any at all. Your mother can refuse to sell the last house if it provides her an income in preference of living in it herself.
Tell her to refuse to sell and to stay put until they go to court she has a right to live in the house until death (she can rent it until death for income). She gets 40% of everything after sell her personal property is hers alone or half of everything if she worked and toiled during her marriage and paid…
Correction TOILED NOT TOILET!!!!!
Your mother should have been able to live in her marital home until her death, she does not have to sell it, after death the children inherit. If your mother worked and TOILED during the marriage and helped pay for the houses, she should get half or all the marital home
Just to add, she gets half of everything then also 40% of her husband’s half, so there would only be 10%for the children to share on his half. She should !ake sure to write a will for her children only leaving out the steps as that is her personal property thereafter. Or interstacy law will give it to her children in any case. Tell her to enjoy her widowhood. God Bless.