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Property Succession
Rongla
#1 Posted : Saturday, September 27, 2014 3:01:37 PM
Rank: Member


Joined: 10/3/2008
Posts: 101
Hello Wazuans
Well, Am in the process acquiring a plot. The owner passed on years back, and his children want to dispose it off, but apparently they have to do a succession. Just what does it entail , the costs involved and how long does it take to complete. Your thoughts?
mpobiz
#2 Posted : Saturday, September 27, 2014 5:12:24 PM
Rank: Elder


Joined: 8/10/2010
Posts: 2,264
If the vendors are not your extended family members or close family friends keep off utill the process is over and the property is in their names. You might loose your money.
Politics is just things to keep the people divided and foolish and put your trust in men and none of them can do nothing for you...
a4architect.com
#3 Posted : Saturday, September 27, 2014 5:55:13 PM
Rank: Veteran


Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@rongla, its a relatively straight forward process if you retain a good property lawyer and if there are no family disagreements i.e all family members have agreed to sell.
The property will pass from the deceased owner to his child/children as per his will or agreement between the children then the child will then pass it over to you/seller. This can take around 3 months.
As Iron Sharpens Iron, So one Man Sharpens Another.
its2013
#4 Posted : Saturday, September 27, 2014 6:03:21 PM
Rank: Member


Joined: 1/4/2013
Posts: 255
As advised, get a reliable lawyer. For as long as the transfer of the property from the deceased to the administrators hasn't been done you stand a big risk of losing your money if you engage in the transaction.
Pretty hurts
yosie14
#5 Posted : Saturday, September 27, 2014 6:29:37 PM
Rank: Member


Joined: 12/17/2013
Posts: 118
Rongla wrote:
Hello Wazuans
Well, Am in the process acquiring a plot. The owner passed on years back, and his children want to dispose it off, but apparently they have to do a succession. Just what does it entail , the costs involved and how long does it take to complete. Your thoughts?


If I were you I would ask them to do the succession first.Reason,U never know if they are the heirs of the land until the courts confirms them as the administrators.It can take 3months or forever if there are disagreements.You hav the power until you give out your money.
Your choice
KCB,NMG,PAFR
Ndaragwa
#6 Posted : Saturday, September 27, 2014 9:17:05 PM
Rank: Member


Joined: 3/12/2011
Posts: 108
Rongla wrote:
Hello Wazuans
Well, Am in the process acquiring a plot. The owner passed on years back, and his children want to dispose it off, but apparently they have to do a succession. Just what does it entail , the costs involved and how long does it take to complete. Your thoughts?


Please seek advice of a lawyer, and if you have time, read Succession Act - CAP 160. The law does not allow them to sell because they are not legally registered owners of the land (see section 45(1)). Wait until after succession to minimize the risk of loosing your money. Why have they not filed for succession yet the owner passed years back?
jmichi
#7 Posted : Sunday, September 28, 2014 9:32:46 AM
Rank: Member


Joined: 1/26/2007
Posts: 26
Location: limuru
ii actually bought my land from succession.
1dt they should have death cert , then the report death thru' the court. gazetement of death took 6months.then they were required to go to chief n giv all the beneficiaries and then choose an administrator..they should also agree on how they should share the property.if they agree ,they then go to court wwith the letter frm chief .the judge giv them a hearin n grant letter is given..took 3months.if no one object within 6months court issues confirmation of grant which u must wait for 6months. this is letter frm court indicatin all kids n their share (i was actualy aded at that point as a heir in the family to avoid land rates).it is that letter that a copy u take to lands office n the other to surveya to do the title mutation .frm there title dped on ur area.being in kiambu it took another 4months cz u hv to bribe hear n there.so entire process approx 2yrs of waiting.but if they disagree court subdividess land equally n case may take longer.i began the process in jan2013 n got the title this month.for the sale agreement kindly involve a lawyer n pay in bits dpedin on how far they hv gone with the process.nb.by the tym my name was added in the grant letter the land gad appreciated by 70% .and were it not the fact tgat they were good guys.they can strike u out of the list and refund u after u hv helped them.
never outshine your master......robert green
Rongla
#8 Posted : Sunday, September 28, 2014 1:05:41 PM
Rank: Member


Joined: 10/3/2008
Posts: 101
Thank you all for your insights. Another question about succession, is stamp duty payable at any stage? what fees are payable?
Kaigangio
#9 Posted : Sunday, September 28, 2014 2:09:17 PM
Rank: Elder


Joined: 2/27/2007
Posts: 2,768
jmichi wrote:
ii actually bought my land from succession.
1dt they should have death cert , then the report death thru' the court. gazetement of death took 6months.then they were required to go to chief n giv all the beneficiaries and then choose an administrator..they should also agree on how they should share the property.if they agree ,they then go to court wwith the letter frm chief .the judge giv them a hearin n grant letter is given..took 3months.if no one object within 6months court issues confirmation of grant which u must wait for 6months. this is letter frm court indicatin all kids n their share (i was actualy aded at that point as a heir in the family to avoid land rates).it is that letter that a copy u take to lands office n the other to surveya to do the title mutation .frm there title dped on ur area.being in kiambu it took another 4months cz u hv to bribe hear n there.so entire process approx 2yrs of waiting.but if they disagree court subdividess land equally n case may take longer.i began the process in jan2013 n got the title this month.for the sale agreement kindly involve a lawyer n pay in bits dpedin on how far they hv gone with the process.nb.by the tym my name was added in the grant letter the land gad appreciated by 70% .and were it not the fact tgat they were good guys.they can strike u out of the list and refund u after u hv helped them.


@ jmichi...two questions...

On the actions highlighted in red,

1. Are there other documents that one is supposed to attach...say the original title deed?

2. for the issuance of the copies of certificate of confirmation of a grant, I hope you mean the county lands office and surveyor respectively?
...besides, the presence of a safe alone does not signify that there is money inside...
a4architect.com
#10 Posted : Monday, September 29, 2014 4:02:20 PM
Rank: Veteran


Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@rongla, at the point of property moving from their ownership to yours, stamp duty will have to be paid at the lands registry. only the heirs who are inheriting will be absolved from paying stamp duty.
As Iron Sharpens Iron, So one Man Sharpens Another.
Rongla
#11 Posted : Thursday, May 12, 2016 2:21:31 AM
Rank: Member


Joined: 10/3/2008
Posts: 101
Well this is an update for the Land succession matter I posted in 2014. the grant has been issued and confirmed. Deceased Mr X has for heirs. One of the heirs, a son had been given a grant of representation to the deceased property. The court has further directed on how the property should be shared among the four heirs.
However the Lawyer who is undertaking the Succession is not being truthful on what the next stage should be.
This is her take.
She says there will be 2 transfers.
1st transfer will be from the deceased Mr X to all the children with all their names appearing on the title deeds. Stamp duty of 400K will be paid at this stage.

Second transfer will be to each individual beneficiary. At this stage another 400k stamp duty will be paid. That's a whooping 800k in duty.
My thinking is the son has been given authority to share the land as per the Certificate of confirmation of grant and since this is a succession matter stamp duty isn't payable.
Please share you thoughts and wise counsel
action!
#12 Posted : Thursday, May 12, 2016 10:38:10 AM
Rank: Member


Joined: 9/17/2009
Posts: 47
Normally, there is no stamp duty when property is moving from the deceased to the heirs. This movement is established in court via the grant. If the heirs sell, then there is stamp duty. That lawyer sounds suspicious...
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