https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11011
The application was allowed because the grant had been in force for more than six months, no objection had been raised, and an earlier judgment had already authorized the guardian and manager to deal with the beneficiaries' property, including sale or conversion into money; accordingly, there was no basis to refuse...
Source-derived case information.
- Citation
- [2026] KEHC 11011 (KLR)
- Parties
- Deceased Estate / Succession Cause: Estate of Meghji Fulchanda Shah (Deceased); Administrator / Applicant / Guardian and Manager: Anshuya Ashok Chandaria alias Ansuya Ashok Chandaria; Administrator / Applicant: Sapna Ashok Chandaria; Beneficiary / Life Interest Holder: Arunkumar Meghji Shah alias Arunkumar; Beneficiary / Life Interest Holder: Mukeshchandra Meghji Fulchand Shah alias Mukeshchandra
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1714 of 1995
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application allowed
- Judges
- ["RA Oganyo"]
- Legal Topics
- Confirmation of Grant, Grant De Bonis Non With Will Annexed, Life Interest, Testamentary Trust, Sale of Estate Property, Guardian and Manager of Estate, Beneficiaries' Maintenance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Estate of Meghji Fulchanda Shah (Deceased)
Deceased Estate / Succession Cause
Anshuya Ashok Chandaria alias Ansuya Ashok Chandaria
Administrator / Applicant / Guardian and Manager
Sapna Ashok Chandaria
Administrator / Applicant
Arunkumar Meghji Shah alias Arunkumar
Beneficiary / Life Interest Holder
Mukeshchandra Meghji Fulchand Shah alias Mukeshchandra
Beneficiary / Life Interest Holder
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the summons for confirmation of grant dated 13 April 2026 should be allowed
- 2 Whether the court should authorize sale of the remaining estate property L.R. No. 209/46/1
- 3 Whether the prior judgment appointing a guardian and manager for the beneficiaries justified the proposed distribution and sale
Ratio Decidendi
The application was allowed because the grant had been in force for more than six months, no objection had been raised, and an earlier judgment had already authorized the guardian and manager to deal with the beneficiaries' property, including sale or conversion into money; accordingly, there was no basis to refuse confirmation or the requested sale.
Court Disposition
Application allowed
Orders
- The summons for confirmation of grant dated 13 April 2026 is allowed as prayed.
- The court confirms the grant of letters of administration de bonis non with will annexed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **FAMILY DIVISION** **SUCCESSION 1714 OF 1995** **IN THE ESTATE OF MEGHJI FULCHANDA SHAH (DECEASED)** **RULING** 1. Coming for Ruling today is a summons for confirmation of grant within 6 months dated **13th April 2026**. Brought under Section 47, 71 (3) and 82 of the law of succession Act. Rule 40 and 41 of the probate and Administration Rules and all the enabling provisions of law. 2. The brief background of this matter is that the deceased, Meghji Fulchand Shah, died in April 1995 leaving a valid written Will. 3. On **7th January 2026**, grant of letters of administration *de bonis non* with written will attached were issued to **ANSHUYA ASHOK CHANDARIA ALIAS ANSUYA ASHOK CHANDARIA AND SAPNA ASHOK CHANDARIA** 4. The Estate created a continuing trust and a life interest for two sons, Arunkumar Meghji Shah and Mukeshchandra Meghji Fulchand Shah. Who are beneficiaries and who are currently documented as **mentally incapacitated**, "unwell," and "elderly". 5. On 10th July 2025 by a judgment of this court, **Anshuya Ashok Chandaria** was appointed as their **Guardian and Manager of their Estate** under the Mental Health Act (Cases HCFMISC/E110/2025 and HCFMISC/E111/2025). 6. The Administrators are now seeking **Confirmation of Grant and Consent from this court** to sell the remaining estate land (L.R. No. 209/46/1) and release the proceeds to the Guardian for the beneficiaries' immediate upkeep, as they have no other means of livelihood. **Determination** 1. I have considered the application for confirmation of grant of letters Administration *de bonis non*-with will attached and the Applicable laws. 2. I have also considered the judgment by Lady justice C. Kendagor that granted **Anshuya Ashok Chandaria Guardianship and Manager of the estate on behalf of the beneficiaries Arunkumar Meghji shah *alias* Arunkumar and Mukeshchandra Meghji Fulchand shah *alias* Mukeshchandra.** 3. In the judgment I also note that the court granted the manager the full authority to deal in whatever manner as she deems fit with the affairs and property/assets/testamentary entitled to the beneficiaries including **sale or conversion of any assets into money**. (emphasis mine) 4. Being that the application has not elicited any objection. And the order to sale was granted. I see no reason to depart from the said Judgment. 5. Further given the fact that **6 months** have already lapse from the time the grant was issued, the application dated **13th April 2026** is hereby allowed as prayed. It is so ordered. Right of appeal 28 days. Dated, Signed and delivered online on Team platform this **21st day of July, 2026** **…….………………………** **Hon. R. A. Oganyo, Mrs.** **Judge.** **In the presence of; -** Court Assistant…. Sana Erastus Mr. Ong’ondi for the Administrator/Applicant