https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9223
The court found no valid reason to deny the Applicant the benefit of the confirmed grant. Although there was no direct evidence of refusal by the co-executors, the delay of nearly one year after confirmation justified an order compelling execution of the transmission instruments, with the Deputy Registrar authorized...
Source-derived case information.
- Citation
- [2026] KEHC 9223 (KLR)
- Parties
- Applicant: Sanjay Gandhi; 1st Respondent: Neela Gandhi; 2nd Respondent: Reena Soni
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E712 of 2024
- Procedural Posture
- Succession Cause; Originating Summons for Transmission/execution of Transfer Documents / Ruling on an Unopposed Application After Confirmation of Grant
- Outcome
- Application allowed in substance; unopposed
- Judges
- ["HK Chemitei"]
- Legal Topics
- Execution of Transfer Instruments by Executors, Deputy Registrar Signing in Default, Confirmed Grant Implementation, Transmission of Estate Property, Costs in Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sanjay Gandhi
Applicant
Neela Gandhi
1st Respondent
Reena Soni
2nd Respondent
Procedural Posture
Succession Cause; Originating Summons for Transmission/execution of Transfer Documents / Ruling on an Unopposed Application After Confirmation of Grant
Legal Issues
- 1 Whether the court should compel the executors to sign transmission and completion documents for land reference number 1/1343 Nairobi
- 2 Whether the Deputy Registrar should be authorized to execute the documents in default
- 3 Whether the Applicant is entitled to immediate transfer of the property pursuant to the confirmed grant
Ratio Decidendi
The court found no valid reason to deny the Applicant the benefit of the confirmed grant. Although there was no direct evidence of refusal by the co-executors, the delay of nearly one year after confirmation justified an order compelling execution of the transmission instruments, with the Deputy Registrar authorized to sign in default to ensure transfer of LR No. 1/1343 Nairobi to the Applicant.
Court Disposition
Application allowed in substance; unopposed
Orders
- Executors are directed within 45 days from the date of the ruling to sign all relevant transmission instruments including Form LRA 42 to ensure transfer of land parcel number 1/1343 to the Applicant.
- In default, the Deputy Registrar of the High Court shall execute all the transmission instruments without further notice.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **SUCCESSION CAUSE NO. E712 OF 2024** **IN THE MATTER OF THE ESTATE OF THE LATE TRILOK NATH GANDHI (DECEASED)** **SANJAY GANDHI …………………….………………………. APPLICANT** **VERSES** **NEELA GANDHI ……….…………………................ 1ST RESPONDENT** **REENA SONI ……………………….…………………. 2ND RESPONDENT** **RULING** 1. The Applicant’s Originating Summons dated **8th November 2025** prays for the following orders: **(a) Whether this Court should exercise its discretion under Section 98 of the Civil Procedure Act, Section 47 and 83 of the Succession Act and Rule 73 of the Probate and Administration Rules to nominate the Deputy Registrar of the High Court to execute form LRA 42 and all other requisite transfer and completion documents in respect of land reference number 1/1343 Nairobi.** **(b) Whether the refusal by the Respondents being co administrators of the estate herein to execute forms LRA 42 and related transfer documents is calculated to frustrate the implementation of the confirmed grant issued on 21st July 2025.** **(c) Whether the Applicant being the sole beneficiary of land reference number 1/1343 Nairobi pursuant to the confirmed grant is entitled to have the said property transferred into his name without further delay or obstruction.** **(d) Whether the Deputy Registrar of this Court should be authorised to sign and execute and complete all conveyancing transfer and completion documents necessary to effect registration of land reference number 1/1343 Nairobi in the name of the Applicant.** **(e) Who should bear the costs of the originating summons.** 2. The application is premised on the grounds thereof and the sworn affidavit of the Applicant dated 3rd January 2026. 3. The application is not opposed despite the Respondents being served as per the affidavits of service on record. 4. I have perused the file together with the application and the submissions by the Applicant. I have also seen the confirmed grant dated 21st July 2025 which was in line with the deceased Will dated 1st day of December 2008. 5. Without belaboring the point, I do not see any reason why the Applicant should not enjoy the fruits of the grant. I do not however have any evidence of the co executors refusing to sign the relevant forms for transmitting the bequest to the Applicant. It appears the parties might have been communicating orally. 6. Needless to state that, that does not stop the co executors from carrying out their mandate. The grant was issued on 21st July 2025 which is close to a year now. They ought to have complied with the provisions of Section 83 of the Act. 7. **Consequently, I direct as hereunder:** **(a) The executors herein are directed within 45 days from the date herein to sign all the relevant transmission instruments including Form LRA 42 to ensure smooth transfer of land parcel number 1/1343 to the Applicant.** **(b) In default of (a) above the Deputy Registrar of this Court shall execute all the above transmission instruments without further notice.** **(c) Costs in the cause.** **Dated signed and delivered at Nairobi via video link this 25th day of June 2026.** **H. K. CHEMITEI** **JUDGE, FCIArb.**