Grandchildren to miss out on property share
Justice Lucy Gitari held that for grandchildren to be entitled to a share of their grandparents’ estate, they must prove they were being maintained by the grandparent before death. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
The Kerugoya judge was ruling in a succession case where Ms Purity Muthoni sought a share of the estate owned by her late grandfather Kiriungi Karani.
In her affidavit, Ms Muthoni said her late mother Meli Wambui, was a daughter of Karani and they should be given her share.
But Justice Gitari ruled that Ms Muthoni and her eight siblings were not entitled to the estate as their mother was married and they were not being maintained by their grandfather.
The High Court has declined to stop the execution of a landmark judgment in which it held that grandchildren are not entitled to inherit property owned by their grandparents.
Justice Lucy Gitari held that for grandchildren to be entitled to a share of their grandparents’ estate, they must prove they were being maintained by the grandparent before death.
However, the grandchildren can get a share if the grandparents had made a legal oral or written will stating so.
The Kerugoya judge was ruling in a succession case where Ms Purity Muthoni sought a share of the estate owned by her late grandfather Kiriungi Karani.
BENEFICIARY
In her affidavit, Ms Muthoni said her late mother Meli Wambui, was a daughter of Karani and they should be given her share.
But Justice Gitari ruled that Ms Muthoni and her eight siblings were not entitled to the estate as their mother was married and they were not being maintained by their grandfather.
“Muthoni and her siblings do not live on the estate of the deceased,” the court ruled. “Based on these provisions, Muthoni and her siblings, who are grandchildren of the deceased, are not entitled to a share of the estate.”
In the case, Ms Muthoni’s three uncles and three aunts were fighting about the mode of distribution of the estate when she got involved, saying her deceased mother should also be considered as a beneficiary.
The six listed themselves in the affidavit in support of Letters of Administration as the only rightful surviving beneficiaries. It was also confirmed by a chief’s letter.
The heirs were supposed to share the estate equally, but they consented to some getting a smaller share than others.
CONFIRMATION
One of the beneficiaries, Ms Peris Wanjira, opposed the distribution formula, saying the estate should be shared equally.
But the judge ruled that each of the three daughters and one son get a quarter-acre while the other two sons get 2.75 acres each. Ms Wanjira filed an appeal challenging the whole judgment.
Justice Gitari declined to allow her application to suspend execution of the judgment and the intended registration of the certificate of confirmation of grant at the lands office.
Ms Wanjira made the application because she has filed an appeal, which is yet to be heard and determined.
While declining the application, the judge found that Ms Wanjira failed to demonstrate that she will suffer substantial loss if the judgement is executed.
“She does not claim that any party intends to dispose of the parcels of land if the court does not grant the orders sought,” she said.
