[2016] KEHC 1211 (KLR)

[2016] KEHC 1211 (KLR)

The court found that the grant issued to Surjit Kaur Roopra had become useless and inoperative due to her death, as she was the sole executor and administrator. In accordance with Section 76(e) of the Law of Succession Act, the court revoked the grant and set aside the confirmation orders. The court then appointed...

Source-derived case information.

Citation
[2016] KEHC 1211 (KLR)
Parties
Respondent: Surjit Kaur Roopra; Applicant: Jaswinder Singh Roopra; Applicant: Balwinder Singh Roopra
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 46 of 1984
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Outcome
summons for revocation of grant allowed; new administrators appointed; estate to be distributed per will
Judges
DN Musyoka
Legal Topics
Revocation of Grant, Letters of Administration, Confirmation of Grant, Wills and Testamentary Succession
Source Language
en
Family and Children Revocation of Grant Letters of Administration Confirmation of Grant Wills and Testamentary Succession

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Parties

Surjit Kaur Roopra

Respondent

Jaswinder Singh Roopra

Applicant

Balwinder Singh Roopra

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Revocation of Grant

Legal Issues

  1. 1 Whether the grant issued to Surjit Kaur Roopra should be revoked due to the executor's death.
  2. 2 Whether new administrators should be appointed for the estate of the deceased.
  3. 3 Whether the estate should be distributed according to the will dated 20th April 1977.

Ratio Decidendi

The court found that the grant issued to Surjit Kaur Roopra had become useless and inoperative due to her death, as she was the sole executor and administrator. In accordance with Section 76(e) of the Law of Succession Act, the court revoked the grant and set aside the confirmation orders. The court then appointed Jaswinder Singh Roopra and Balwinder Singh Roopra as new administrators and directed that a grant of letters of administration with will annexed be issued to them. The court further confirmed the new grant and ordered that the estate be distributed in accordance with the will of the deceased dated 20th April 1977.

Court Disposition

summons for revocation of grant allowed; new administrators appointed; estate to be distributed per will

Orders

  • The summons for revocation of grant dated 12th November 2015 is allowed as prayed.
  • The grant made to Surjit Kaur Roopra on 15th March 1984 is revoked and the confirmation orders of 14th March 1985 are set aside.