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Steps of Land Succession in Kenya: How To Buy Land Involved in Succession

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Succession is the passage of property from one person or entity to another after death.

When someone who owns property dies, he/she usually leaves behind a will on who it will be transferred to, but in the event there is no will what happens to the ownership of that property? This is where succession comes in.

Succession is generally a technical thing to handle and it can be complicated where there was no will beforehand.

Succession is a legal process handled purely by the court.

Once the succession process is completed, land subdivision can be initiated, if the property is owned by multiple people/entities, after which everyone can get their respective title deeds.

 

Under the Law of Succession, property/land of the deceased (if husband) can be inherited by wife/wives, children or deceased parents.

In the event, the deceased was married and with children, the surviving spouse is entitled – this entitlement, however, ends when the spouse remarries.

If the deceased is not married and has no children, the land/property will go the family members starting with father, mother, brothers and sisters in that order.

What is the process involved in succession for this kind of land?

The first step is determining the value of the property. If the property is less than 20 million, file the matter in magistrate’s court. If more than 20 million, file in the high court.

This is accompanied by a search of the property, the chief’s letter indicating beneficiaries and liabilities of the deceased and the original death certificate.

File the four forms for the relevant court identifying administrators and not less than 3 witnesses, list of all properties of the deceased, list of beneficiaries and dependents as well as the main petition.


The petition is then gazetted at a cost of Ksh3,000 for a period of 30 days (should there be any objections). You will then get the gazette notice which you will attach to the application for the hearing of the petition on the letters of administration.

The letter of administration is issued after 6 months from the date of the gazettement – if there is no objection.

After getting letters of administration, file for an application for grant confirmation. You can also file how the subdivision among the beneficiaries will be done. You will then get the letters of administration from the court empowering and confirming the representative to distribute the said land to beneficiaries.

Take this certificate of confirmation to the land registry where you will file for the transfer of land. You will provide the following details;

-          Details of land

-          What size is transferred and to whom

-          Passport size photographs of the administrator and the beneficiary

-          A form for every beneficiary.

 If the process is done clean, right and morally, it takes up to 13 months after which the court issues a formal direction on who takes the equitable interest of that land left behind by the deceased.

Find Property in Uasin Gishu County
Baoriat Agencies

Call: +254 721-554-937

It is only after the succession process is completed that the said piece of land/property be sold to a third party.

Baoriat Agencies is committed to helping you find the best place for you to settle in Eldoret town. We walk you through the entire process of acquiring your own property in Eldoret until it has been transferred into your hands.

To learn more about buying a property in Eldoret, 

Call 0721-554937

WhatsApp  https://wa.me/0721-554937  

Email evekibet@gmail.com or 

Visit us at  Juma Hajee Building room number 16, Eldoret town 

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