[2024] KEHC 5957 (KLR)
The court found that all beneficiaries of the deceased's estate had appeared before it, identified themselves, and confirmed their agreement with the proposed distribution of the estate as set out in the administrator's affidavit and schedule. There being no protest to the confirmation of the grant reissued on 9th...
Source-derived case information.
- Citation
- [2024] KEHC 5957 (KLR)
- Parties
- Applicant: Yatinkumar Ashokkumar Chauhan; Respondent: Beneficiaries of Ashokumar Karsandas Chauhan
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E022 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Confirmation of Grant
- Outcome
- Grant confirmed and distribution of estate ordered as agreed by beneficiaries.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yatinkumar Ashokkumar Chauhan
Applicant
Beneficiaries of Ashokumar Karsandas Chauhan
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in the absence of any protest.
- 2 Whether the proposed distribution of the estate as agreed by all beneficiaries should be adopted by the court.
Ratio Decidendi
The court found that all beneficiaries of the deceased's estate had appeared before it, identified themselves, and confirmed their agreement with the proposed distribution of the estate as set out in the administrator's affidavit and schedule. There being no protest to the confirmation of the grant reissued on 9th April 2024, the court confirmed the grant and directed that the distribution be undertaken as agreed, with an account to be filed within six months pursuant to Section 83 of the Law of Succession Act. The court further ordered the issuance of a certificate of confirmation and closed the file.
Court Disposition
Grant confirmed and distribution of estate ordered as agreed by beneficiaries.
Orders
- The grant of letters of administration reissued on 9th April 2024 is confirmed.
- Distribution of the estate to be undertaken as agreed and completed within six months from the date of the ruling.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Ashokumar Karsandas Chauhan (Deceased) (Miscellaneous Succession Cause E022 of 2024) [2024] KEHC 5957 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5957 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E022 of 2024
RE Aburili, J
May 23, 2024
N THE MATTER OF THE ESTATE OF ASHOKUMAR KARSANDAS CHAUHAN (DECEASED) AND IN THE APPLICATION BY YATINKUMAR ASHOKKUMAR CHAUHAN- PETITIONER/APPLICANT
Ruling
1. The court can see the three (3) beneficiaries online. They have identified themselves and also in unison stated that they have agreed on the distribution of the estate of the deceased Ashokumar Karsandas Chauhan as per the Affidavit of the administrators and the Schedule of distribution thereto.
2. As there is no protest to the confirmation of grant reissued on 9th April 2024, I hereby confirm the said grant and direct that the distribution of the estate of the deceased be faithfully undertaken as agreed and completed within six (6) months of today and a true and accurate account be filed in court pursuant to Section 83 of the Law of Succession Act.
3. Certificate of confirmation to issue.
4. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF MAY, 2024R. E. ABURILIJUDGE