RIGHT OF WOMEN TO SHARE IN FAMILY PROPERTY: A MYTH OR A REALITY

Abstract

Policies, traditions and practices that aim to improve the position of women relative to men are desirable not only on equity but also on efficiency grounds. While developing countries continue to improve economic opportunities for women, inheritance laws remain strongly biased against the girl child and women in many societies. Practically, when the distribution of inherited wealth is highly discriminated upon and given out unequally between the men and women or given amongst the men relatives alone, the effect of such disparity on the integrity and person of the girl child and woman is overwhelming. Family or parental bequest of material wealth to the children or members of the family should be made and distributed in such a manner devoid of discrimination. Although discriminatory practices appear to be the status quo from time immemorial, especially, with respect to sharing of properties both in the family and community levels. The practices in civilized nation and international legal instruments have rendered the discriminatory practices unlawful. Even indigenous legal regimes abhor the discriminatory practices. The Constitution of the Federal Republic of Nigeria which is the basic law in Nigeria voids discriminatory customary laws and practices that offends the fundamental right of the girl child or woman. This paper examined the rights of women to share in family properties as well as the rights of women under Nigerian customary practices. The paper also examined the compelling pronouncement of the courts in Nigeria as well as some legislative frameworks that give impetus to women rights in Nigeria. The paper further makes compelling recommendations to buttress the reality of the right of women to share in family property.