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 RESPONDENT ……….…………………................ 1ST REENA SONI RESPONDENT ……………………….…………………. 2ND RULING 1. The Applicant’s Originating Summons dated 8th November 2025 prays for the following orders: (a) Whether discretion this Court under should Section Procedure Act, Section 47 98 exercise of the its Civil 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 SUCCESSION CAUSE NO. E712 OF 2024 hkc RULING Page 1 of 4 po/
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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 completion documents transfer necessary to and 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 3 rd January 2026. 3. The application is not opposed despite the Respondents being served as per the affidavits of service on record. SUCCESSION CAUSE NO. E712 OF 2024 hkc RULING Page 2 of 4 po/
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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 transmission shall execute instruments all the without above further notice. (c) Costs in the cause. SUCCESSION CAUSE NO. E712 OF 2024 hkc RULING Page 3 of 4 po/
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Dated signed and delivered at Nairobi via video link this 25th day of June 2026. H. K. CHEMITEI JUDGE, FCIArb. SUCCESSION CAUSE NO. E712 OF 2024 hkc RULING Page 4 of 4 po/
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