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Can someone transfer land of a death person without succession

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It is not possible to transfer land belonging to a deceased person without going through the succession process in Kenya.

Succession Process in Kenya
Importance of Succession
Consequences of Transferring Land Without Succession

1. Succession Process in Kenya

The Law of Succession Act, Cap. 160 of the Laws of Kenya, governs the process of transferring property of a deceased person to their beneficiaries. This process is crucial for ensuring that the deceased's assets are distributed according to their wishes or, in the absence of a will, according to the law.

1.1. Grant of Probate or Letters of Administration

The first step in the succession process is obtaining a Grant of Probate or Letters of Administration from the High Court.

Grant of Probate: This is issued when the deceased left a valid will. The will must be proven to be genuine and valid, and the executor named in the will is appointed as the administrator of the estate.
Letters of Administration: This is issued when the deceased died without a will (intestate). The court appoints an administrator to manage the estate and distribute the assets according to the intestacy rules outlined in the Law of Succession Act.

1.2. Distribution of Assets

Once the Grant of Probate or Letters of Administration is obtained, the administrator is responsible for:

Identifying the beneficiaries: This involves determining who is entitled to inherit the deceased's property based on the will or the intestacy rules.
Collecting the assets: This includes gathering all the deceased's property, including land, bank accounts, and other assets.
Paying debts and expenses: The administrator must pay off any debts owed by the deceased, including funeral expenses, taxes, and other liabilities.
Distributing the remaining assets: The administrator distributes the remaining assets to the beneficiaries according to the will or the intestacy rules.

2. Importance of Succession

The succession process is essential for several reasons:

Ensuring legal ownership: It ensures that the legal ownership of the deceased's property is transferred to the rightful beneficiaries.
Preventing disputes: It helps to prevent disputes among beneficiaries over the deceased's property.
Protecting the interests of creditors: It ensures that the deceased's creditors are paid their dues.
Facilitating the transfer of land: It allows for the legal transfer of land titles to the beneficiaries.

3. Consequences of Transferring Land Without Succession

Attempting to transfer land belonging to a deceased person without going through the succession process can have serious consequences:

Invalid transfer: The transfer will be considered invalid and unenforceable.
Legal challenges: The beneficiaries can challenge the transfer in court, leading to lengthy and costly legal battles.
Criminal liability: In some cases, attempting to transfer land without succession may constitute a criminal offense.

3.1. Case Law

The importance of following the succession process is highlighted in several Kenyan case laws. For example, in the case of Succession Cause 547 of 2009, the court held that a person can only deal with the estate of a deceased person under a Grant of Representation made to him under the Law of Succession Act.

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In conclusion, it is crucial to follow the legal succession process in Kenya when dealing with the property of a deceased person. Attempting to transfer land without going through this process can lead to serious legal consequences and disputes. It is always advisable to seek legal advice from a qualified lawyer to ensure that the transfer of land is done legally and correctly.