[2023] KEHC 22783 (KLR)
The court found that the petitioners failed to file summons for confirmation of the grant of probate within the required six-month period and did not provide any reasons for the delay. As a result, the grant of probate issued on October 4, 2021, became inoperational and useless. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2023] KEHC 22783 (KLR)
- Parties
- Applicant: Tarulata Kilipkumar Patel; Applicant: Mayur Maganbhai Chaturbhai Patel; Applicant: Pradeep Chandrankant Purshottam Patel
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E22 of 2021
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant of Probate
- Outcome
- Grant of probate revoked; file closed.
- Judges
- RE Aburili
- Legal Topics
- Probate Procedure, Grant of Probate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tarulata Kilipkumar Patel
Applicant
Mayur Maganbhai Chaturbhai Patel
Applicant
Pradeep Chandrankant Purshottam Patel
Applicant
Procedural Posture
Succession Cause / Ruling on Revocation of Grant of Probate
Legal Issues
- 1 Whether the grant of probate should be revoked due to failure to file summons for confirmation within the statutory period.
Ratio Decidendi
The court found that the petitioners failed to file summons for confirmation of the grant of probate within the required six-month period and did not provide any reasons for the delay. As a result, the grant of probate issued on October 4, 2021, became inoperational and useless. The court exercised its discretion to revoke the grant under the Law of Succession Act and ordered that any interested party must file a fresh petition in a new file.
Court Disposition
Grant of probate revoked; file closed.
Orders
- The grant of probate of will issued on October 4, 2021 is revoked.
- The file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Dilipkumar Maganbhai Patel (Deceased) (Succession Cause E22 of 2021) [2023] KEHC 22783 (KLR) (22 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22783 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E22 of 2021
RE Aburili, J
September 22, 2023
IN THE MATTER OF THE ESTATE OF DILIPKUMAR MAGANBHAI PATEL.................................... (DECEASED) AND IN THE MATTER OF AN APPLICATION BY
In the matter of
Tarulata Kilipkumar Patel
1st Petitioner
Mayur Maganbhai Chaturbhai Patel
2nd Petitioner
Pradeep Chandrankant Purshottam Patel
3rd Petitioner
Ruling
1. This cause was filed in court on August 6, 2021 under probate. The grant of probate was issued on October 4, 2021 and due for confirmation on April 4, 2022 after six months.
2. To date, no summons for confirmation have been filed and no reasons have been given for the delay.
3. For the above reasons, I hereby revoke the grant of probate of will issued on October 4, 2021 at it has become inoperational and useless.
4. This file is closed and any party interested in the estate of the deceased Dilipkumar Maganbhai Patel shall petition afresh in a new file.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE