The law applies to all and sundry regardless of sex. However, in the Patriarchal societies that we have in Ghana and other parts of Africa, where men still control wealth and opportunities, the effect of the law is to protect the widow and the orphan. The Intestate Succession Law PNDCL , state that: a "where the estate includes more than one house, the surviving spouse or child or both of them, shall be entitled to that house" b "where the estate includes more than one house, the surviving spouse or child or both of them shall determine which house of those houses shall devolve to such spouse or child" the rest of the Law shall be discussed later in this text What are its implication to property devolution? Due to the discrepancies in the distribution and devolution of a deceased wealth or properties that ultimately resulted in several family squabbles and conflicts that consequently retard developmental processes in the family an created divisions and disintegration of family ties and destroys the bond of loyalty, the institutionalization of the PNDC law , was geared towards bridging this gap, thereby creating peace and tranquility when it comes to the devolution of properties upon the death of a spouse. The PNDC Law , to some larger extend resolved amicably these situations of bureaucratic processes of sharing properties and the propensities of family members exerting influence on the estate left by the deceased.
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A brother of the deceased man has a right to inherit the widow and all property of the deceased man. Is this law existent and or practiced in your country? It recognizes the spouse s of the deceased, their biological or adopted children, surviving parents and the customary family, lww spouses and children.
David Galadima 30 November, Each choice made by the widow has consequences. Hello from Nigeria, Going by when this law ;ndc passed, it was quite pioneering.
Africa Investment Forum This Law is still in existence in Ghana and even though it has helped alot of widows and fatherless children escape Poverty, it still has some serious challenges especially for women living in the rural areas. What do you think? Its not bulky https: According to him, the millions of marriages and divorces that have been celebrated or performed in Ghana in accordance with Islamic procedure and rites are not valid, because they are not registered under CAPsince the legislation which dealt with the devolution of property of a Moslem who died intestate has been repealed by Law Information Services Department P.
Mr Amanoipo however, stressed the need for families of the deceased to be united in securing that document. If she takes them to court to claim her property rights, she would be seen to be doing exactly that. A Profit Making Machine. More Quotes Submit Quotes. Login Your session has expired.
A widow desires to keep a conflict-free relationship with their in-laws because if she has female children, they cannot marry without the consent of their patrilineal uncles and extended family.
Catch up on the latest news videos from around the world. Ghana girls are like Dubai sandals they are nice but outside they are kpooooo. Password Required Please enter your password Forgot Password. Submit Not a member Register. Please login to continue. From my personal observation, most countries have very good laws that protect their citizens. Moslems urged to kick against PNDC Law In addition, a special type of court should be created where such cases would be arbitrated speedily so as to protect women.
What tradition and cultural norms are contending with this law With Law in force, any Moslem who wished to have Islamic law apply to the transfer of his property had to make a will to that effect at great cost hiring of a lawyer and risk of having it tampered with.
He noted that CAP is hardly enforced because many Moslems do probably not know its registration provisions. You continue to inspire us! They are afraid of physical and emotional abuse, and being neglected by in-laws means that many do not challenge the traditional practice. There are other challenging factors that deter women from seeking redress in court.
I went through the law, and it pnxc good to me. Thanks to your explanation, I see that the law in itself us good, but Women are unable pnddc speak out and speak The potency of this legislation seems to be greatly affected with pmdc passage of Lawwhich provides that a surviving spouse be adequately compensated for his services to the deceased spouse.
It is a right to property law, which protects the spouse and child ren of an interstate deceased, by devolving the existing house and some percentage of the of the remaining estate to the spouse and child ren Below is the link to the PNDC Law Please kindly go through.
I doubt many people from Ghana are even aware of this law. This article has 6 comment sgive your comment. Get in touch Information Alw Department P. And if they are male, they can be denied their share of the family property. PNDC Law rescues rural spouses B Asante, Traditional Leader and Paramount Chief of Lqw Asante, recounting his experience over the 30 year period, said the institution of the intestate succession law was informed by the fact that customary laws make inadequate provision for the wife and children of a man particularly in a matrilineal society.
My suggestion will be to create awareness and explain the law to these widowed women so that they are sure the choices they will make and also assure them of societal support to get their right if they speak out and speak up.
These are high legal fees, delays with court action, ignorance of human rights and lack of knowledge on PNDCL However, most of the citizens are unaware of such laws and remain victims of the what the are supposed to protect them from.
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A brother of the deceased man has a right to inherit the widow and all property of the deceased man. Is this law existent and or practiced in your country? It recognizes the spouse s of the deceased, their biological or adopted children, surviving parents and the customary family, lww spouses and children. David Galadima 30 November, Each choice made by the widow has consequences. Hello from Nigeria, Going by when this law ;ndc passed, it was quite pioneering. Africa Investment Forum This Law is still in existence in Ghana and even though it has helped alot of widows and fatherless children escape Poverty, it still has some serious challenges especially for women living in the rural areas.
Intestate Succession Law, 1985 (PNDCL 111).
PNDC LAW 111 PDF