Legal Question in Real Estate Law in Kenya

my father the late has two brothers and two sisters and his family. he has a title granted to him by his father, one of the brothers has demanded a share of the land and actually approached a lawyer for the division of the land. is this legal or is my father's family entitled to ownership solely. in his will it doesn't provide that his brothers get a share but the lawyer handling the case has not informed my aunties about the division of the land


Asked on 8/12/16, 6:42 am

1 Answer from Attorneys
DOROTHY KIPRONO

It is possible that your father held the land in trust for his siblings. This is a common practise in Kenya. It would be wise for you to look at the history of ownership of the land to know why your father was registered as the title holder. Were your father's siblings given land as well? If not then it is possible that he held the land in trust for all others.

Courts have held in favour of siblings whose names do not appear on the title on the premise that the title was being held by one of the siblings in trust for all the others.

Unfortunately in Kenya women are not regarded as heirs. The practise is cultural. However legally your Aunties are entitled to inherit as well.

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Answered on 8/12/16, 8:00 am


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