Are you navigating the complexities of land succession in Kenya after the loss of a loved one? Have you found yourself caught in disputes over inherited property, unsure of the next steps? You’re not alone. Millions of Kenyans face the risk of losing property or falling victim to fraudulent transactions due to a lack of clear understanding of the land succession process.
This guide provides a clear overview of the essential legal procedures to ensure land is rightfully transferred to its beneficiaries, safeguarding your inheritance and family peace of mind.
What is Land Succession?
Land succession is the legal process by which land is transferred to heirs after the death of the original landowner. It’s crucial for establishing legal ownership and preventing future disputes.
Key Steps for Land Succession (Without a Will)
When a deceased landowner did not leave a valid will, the following steps are generally followed in Kenya:
- Obtain a Death Certificate: The first crucial step is to acquire the official death certificate of the deceased landowner.
- Consult Your Area Chief: Seek a letter from the area chief confirming the legitimate beneficiaries of the deceased’s property.
- Conduct an Official Land Search: Work with a licensed land surveyor to perform an official search at the Land Registry. This confirms land ownership and verifies that there are no existing disputes or encumbrances on the property.
- Complete Law of Succession Act Form 80: The rightful successors must complete Law of Succession Act Form 80. This form serves as a sworn affidavit to confirm their claim to the land.
- Court Gazettement Process: This affidavit, along with all other necessary documents, is presented to the court. The court then initiates a gazettement process, which typically lasts 90 days. This period allows for any potential objections to the succession.
- Issuance of Letter of Administration: If no objections are raised during the gazettement period, the court will issue a Letter of Administration. This document legally recognizes the rightful beneficiaries of the estate.
- Confirmation of Grant: The successors then apply for the confirmation of the grant. This legal confirmation permits them to transact with the land, such as selling or subdividing it.
- Title Deed Transfer: Once the grant is confirmed, the title deed is officially transferred to the names of the beneficiaries.
Making a Claim as a Dependant (Section 26 of the Law of Succession Act)
Even if a will exists, the High Court has the authority to intervene if the testator (the person who made the will) did not make reasonable provision for their dependants.
Who is considered a Dependant?
Dependants can include:
- Spouse(s)
- Children (biological, adopted, or even unborn)
- Parents (if they were being maintained by the deceased)
- Any other person the deceased was legally maintaining before their death
If a dependant was left out of a will or not adequately provided for, the court may override the will and order a portion of the estate to be allocated to them.
How to File a Dependant’s Application:
The left-out person must file a Dependant’s Application under Section 26 of the Law of Succession Act. This application must be filed within six months from the date the grant of representation was issued (the legal process that allows the executor to distribute the estate).
Post-Grant Procedures
After the grant of representation is issued and confirmed, it’s essential to:
- Consult a Licensed Surveyor: Engage a licensed surveyor to assist with the title transfer to the beneficiaries.
- Subdivision Scheme: If the land needs to be divided among multiple beneficiaries, the surveyor will prepare a subdivision scheme.
- Boundary Marking & New Titles: The surveyor will mark the boundary for each beneficiary and facilitate the production of new individual titles in their respective names.
Conclusion: Secure Your Family’s Future
Land succession is more than just paperwork; it’s about safeguarding your family’s future and ensuring peace of mind. Mistakes in this process can lead to prolonged legal battles, significant financial loss, or even the unfortunate loss of your rightful inheritance. That’s why partnering with qualified professionals, such as licensed surveyors and legal experts, is not just advisable—it’s essential.
Don’t let uncertainty risk your inheritance. Visit our website today at https://geosurveysandgeospatialinfo.co.ke/ to schedule a consultation and ensure a smooth, legal land succession process for your family.