Thereafter, in line with Section 83 e and f of the Act , within 6 months, the administrators. By dint of Section 73 of the Law of Succession Act, there ought to be sufficient period for administrators to exercise their statutory mandate under Section 83 of the Act. Accordingly, that the Succession Cause 82 of before the Senior Principal Magistrate Court was neither filed illegally nor secretly, and the Applicant had full knowledge of the same as the matter was discussed at a full family meeting. That the person to whom the grant was made has failed, after due notice and without reasonable cause either- i. The Applicant further argued that the Respondents filed the petition without involving him in any way and obtaining his consent and that they forged his signature in applying for the Grant.
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The Court ought to have been presented with summons for confirmation which:.
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Section 37 of the Law of Succession Act prescribes. Finally, that the Applicant has not come to Court with clean hands and hence he is not entitled to the equitable and discretionary reliefs sought. That the grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the case.
The Court ought to have been presented with summons for confirmation which: Provided that, in cases of intestacy, the grant of letters of administration shall not be confirmed until the Court is satisfied as to the respective identities and shares of all persons beneficially entitled; and when confirmed the grant shall specify all such persons and their kxgia shares.
It was their position that the Application is misconceived and an abuse of the Court process.
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It is in this respect that the life interest operates as a trust over the property the subject thereof, a trust held by the surviving spouse for the benefit of the surviving children.
A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion- a. It took him 2 years to subdivide the land and to begin building.
To find a case according to its meta data names of parties, case number, and date of delivery, case year etc one need not fill in all the fields. The 1 st Respondent deposed that all the beneficiaries kagiz the Estate have been fully provided for, including her grandchildren and her two deceased children.
This Court gave parties opportunity on cooling down to pursue amicable discussions to settle this matter out of Court. Succession Cause of Parties: That the grant was obtained magia means of an untrue allegation of a fact essential in point of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently.
While the Applicant was building on his side of the land, he saw a strange person who cultivated on the land, he removed the fence to his side of the land and he encroached on his portion of the land.
In response to the Application, the Respondents filed an Affidavit in reply sworn by the 1 st Respondent on 2 nd February They cannot deal with as if it was their own. You may use any one or more search criteria; search using whatever information you have.
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In upon the birth of a daughter who was named after his mother, she came to visit him and his family and urged him to come and reside at home. Conversely, all the children of the deceased are still alive, consequently the widow cannot have the property absolutely to herself, but she is entitled to whatever income that derives from it.
Specifically Sections and thereof which provide that: That the person to whom the grant was made has failed, after due notice and without reasonable cause either. Later, the Applicant discovered the ID card was used to irregularly obtaining grant of letters of administration without his knowledge or consent.
That the costs of this Application be borne by the Respondents.
That the person to whom the grant was made has failed, after due notice and without reasonable cause either- i. Provided that, in the case of immovable property the exercise of that power shall always be subject to the consent of the Court.
Unfortunately his father died in The joint administrators shall katia summons magia confirmation of grant and if all beneficiaries are not in agreement as to the mode of distribution, each shall file a protest and the Court shall determine the matter. It therefore follows that in an Application for revocation or annulment, an Applicant ought to satisfy the Court that the Application meets at least one of the grounds stipulated in the above provision. Further, that the 1 st Respondent sold the properties and converted the proceeds to her personal gain and that the forgeries were committed in and this Court is therefore bound to investigate the same.
Although the Court file where Succession Cause 82 of is housed was not availed for perusal by this Court, the circumstances kafia by the Applicant on how he discovered the grant was issued and parcels of land were up for sale clearly depicts a process shrouded in secrecy.
The matter was set down for Ruling. To apply for confirmation of the grant within one year from the date thereof, or such longer period as the court has ordered or allowed; or. They finally agreed to refund monies paid to their mother as purchase price for the suit properties to the buyers.