Inheriting Land in Kenya: A Step-by-Step Guide

Many Kenyans face difficulties inheriting land and transferring title deeds from deceased parents. This guide outlines the process, including forms needed, to simplify the process for you.

Step 1: Obtain a Death Certificate

Start by acquiring a death certificate for the deceased parent. If no certificate is available, all children automatically become beneficiaries.

Step 2: Consult the Area Chief

Consult your area chief to obtain a letter confirming the list and names of beneficiaries. Knowing your chief is crucial for this step.

Step 3: Land Search

Potential successors need to conduct a land search with the County/district land registrars. Fill out form LRA84 for this purpose. The results will be issued by a registrar of lands using form LRA 85.

Step 4: Obtain Form 80 and Fill Affidavit

Obtain form 80 from the Law of Succession Act and fill it as an affidavit confirming the case.

Step 5: Present Documents and Petition for Gazettement

Present the affidavit, chief's letter, search results, and death certificate to court. Petition the court for gazettement of the land for 90 days.

Step 6: Obtain Letter of Administration

If no objections arise during the gazettement period, the court will issue a letter of administration.

Step 7: Apply for Confirmation of Grant

Apply for confirmation of grant, which gives you legal permission to transact with the land, including selling or subdividing it. Use form P&A for this application.

Step 8: Transfer Title Deed

Finally, apply for the transference of title deed name from the deceased to the successors.

Additional Information:

For further details or assistance, you can WhatsApp Agriculture KE on 0714004949.

Remember:

  • This is a general overview, and specific circumstances may require additional steps or consultations.
  • Always seek legal advice from a qualified professional for accurate and personalized guidance throughout the succession process.
 
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