[2021] KEHC 7029 (KLR)
The court found that the administrators had demonstrated that additional assets belonging to the deceased were discovered after the grant was issued. In the interest of justice and to enable the administrators to perform their duties effectively, the court held that it was prudent to allow the application for...
Source-derived case information.
- Citation
- [2021] KEHC 7029 (KLR)
- Parties
- Applicant: Channa Rattan Kaur; Applicant: Satnam Singh Channa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1748 of 2016
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- FM Mutuku
- Legal Topics
- Rectification of Grant, Administration of Estate, Discovery of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Channa Rattan Kaur
Applicant
Satnam Singh Channa
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to include assets discovered after the grant was issued.
- 2 Whether the administrators are entitled to have the additional assets included in the estate for administration purposes.
Ratio Decidendi
The court found that the administrators had demonstrated that additional assets belonging to the deceased were discovered after the grant was issued. In the interest of justice and to enable the administrators to perform their duties effectively, the court held that it was prudent to allow the application for rectification. The grant issued on 4th April 2017 was therefore rectified to include the newly discovered assets as detailed in the supporting affidavit. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- The grant of letters of administration issued on 4th April 2017 is rectified to include the assets listed in the supporting affidavit.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI, NAIROBI
SUCCESSION CAUSE NO. 1748 OF 2016
IN THE MATTER OF THE ESTATE OF THE LATE
KANWALJIT SINGH DAULAT SINGH CHANNA (Deceased)
RULING
By Summons for Rectification dated 1st September 2020, the Administrators in the Estate of the deceased are seeking to rectify the grant issued on 4th April 2017 and are seeking the following orders:
1. That the Grant of Letters of Administration issued to CHANNA RATTAN KAUR and SATNAM SINGH CHANNA on the 4th April 2017 be rectified to include the following assets that form part of the Estate of the deceased and that were not included in the Grant because they were discovered after the Grant had been issued:
(a) Fifty percent (50%) of L.R No. 37/177 (Original No. 37/54/38) together with all the property erected thereon.
(b) Four (4) shops (shop numbers 2, 3, 4 and 5), Khasti no. 267 at Basti 9 Jallandhar India.
(c) Four (4) shops erected on Plot No. 456 at New Lajpat Nagar-Jallandhar India.
(d) Haveli-Shankar-Tasil Nakodar Dist – Jallandhar India.
(e) The following Bank Accounts:
BANK ACCOUNT NUMBER ACCOUNT NAME
FD’s (Union Bank of India) [Particulars Withheld] and [Particulars Withheld] Kartar Kaur Channa
FD’s United Bank of India [Particulars Withheld] and [Particulars Withheld] Kartar Kaur Channa
State Bank of Patiala-NRI Branch Jallandhar 6249 Kanwaljit Singh & Katar Kaur
State Bank of Patiala-NRI Branch Jallandhar [Particulars Withheld] Kanwaljit Singh Channa & Kartar Kaur
Punjab National Bank [Particulars Withheld] Kanwaljit Singh Channa Village & P.O. Shankar
Punjab & Sind Bank Saving Bank Pass Book [Particulars Withheld] Kanwaljit Singh Channa V. P.O. Shankar Jallandhar
Cooperation Bank [Particulars Withheld] Kanwaljit Singh Channa & Kartar Kaur
Indian Bank [Particulars Withheld] Kanwaljit Singh
Bank of Baroda [Particulars Withheld] and [Particulars Withheld] Kanwaljit Singh Channa
United Bank of India (Saving Bank Deposit Pass Book) [Particulars Withheld] Kartar Kaur Channa
State Bank of Patiala [Particulars Withheld] Kanwaljit Singh Channa
(f) Fifty percent (50%) of Four Thousand (4,000) shares held at Safaricom PLC.
2. That costs of this application be provided for.
On the grounds on the face of the Summons and in the Supporting Affidavit the Applicants who are also administrators of the Estate of the deceased state that the Grant was issued to them on 4th April 2017 and that it has not been confirmed. They state that it is after the grant was issued that they became aware that there were other assets forming part of the estate that have been left out and were not being administered.
I have considered this Summons. In the interest of justice and to enable the administrators to perform their duties well, it is prudent to allow this application. For the reasons provided by the applicants I hereby allow the application. The Grant issued on 4th April 2017 is hereby rectified in terms of paragraph 3 of the Supporting Affidavit. Costs shall be in the cause. Orders shall issue accordingly.
DATED, SIGNED AND DELIVERED THIS 12TH APRIL 2021.
S. N. MUTUKU
JUDGE