REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI FAMILY DIVISION SUCCESSION 1714 OF 1995 IN THE ESTATE OF MEGHJI FULCHANDA SHAH (DECEASED) RULING 1. Coming for Ruling today is a summons for confirmation of grant within 6 months dated 13th April 2026. Brought under Section 47, 71 (3) and 82 of the law of succession Act. Rule 40 and 41 of the probate and Administration Rules and all the enabling provisions of law. 2. The brief background of this matter is that the deceased, Meghji Fulchand Shah, died in April 1995 leaving a valid written Will. 3. On 7th January 2026, grant of letters of administration de bonis non with written will attached were issued to ANSHUYA ASHOK CHANDARIA ALIAS ANSUYA ASHOK CHANDARIA AND SAPNA ASHOK CHANDARIA 4. The Estate created a continuing trust and a life interest for two sons, Arunkumar Meghji Shah and Mukeshchandra Meghji Fulchand Shah. Who are beneficiaries and who are currently documented as mentally incapacitated, "unwell," and "elderly". 5. On 10th July 2025 by a judgment of this court, Anshuya Ashok Chandaria was appointed as their Guardian and Manager of their Estate under the Mental Health Act (Cases HCFMISC/E110/2025 and HCFMISC/E111/2025). 6. The Administrators are now seeking Confirmation of Grant and Consent from this court to sell the remaining estate land (L.R. No. 209/46/1) and release the proceeds to the
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Guardian for the beneficiaries' immediate upkeep, as they have no other means of livelihood. Determination 7. I have considered the application for confirmation of grant of letters Administration de bonis non-with will attached and the Applicable laws. 8. I have also considered the judgment by Lady justice C. Kendagor that granted Anshuya Ashok Chandaria Guardianship and Manager of the estate on behalf of the beneficiaries Arunkumar Meghji shah alias Arunkumar and Mukeshchandra Meghji Fulchand shah alias Mukeshchandra. 9. In the judgment I also note that the court granted the manager the full authority to deal in whatever manner as she deems fit with the affairs and property/assets/testamentary entitled to the beneficiaries including sale or conversion of any assets into money. (emphasis mine) 10. Being that the application has not elicited any objection. And the order to sale was granted. I see no reason to depart from the said Judgment. 11. Further given the fact that 6 months have already lapse from the time the grant was issued, the application dated 13th April 2026 is hereby allowed as prayed. It is so ordered. Right of appeal 28 days. Dated, Signed and delivered online on Team platform this 21st day of July, 2026 …….………………………
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Hon. R. A. Oganyo, Mrs. Judge. In the presence of; Court Assistant…. Sana Erastus Mr. Ong’ondi for the Administrator/Applicant
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