A Question on Succession

Aviator

Elder Lister
Lawyers (and other imenyi) in the house, help me here.

Some relatives are dividing their late parents'wealth. They are 3 girls and 1 boy. A second boy passed on sometime last year, but ako na offsprings.

This late boy was one hell of a character. He was the black ship (sic) of the family. Many years ago, he had taken his dad to the chief demanding his inheritance. The chief of course saw the stupidity of the issue and advised the dad to settle this guy far away since he can be dangerous. The dad did exactly that and sent the boy to a farm he owned in Nakuru. Mpaka akambadilishia tirle. He even built a home for the guy. The guy moved with his family, but sold the land after less than an year. He rented but when the cash ran out, the guy returned back home. By then, the Mzee had allocated half of the land where they stay to the other four siblings. He was also suffering from dementia. He welcomed his son back home with his family. An year later he passed on. The wife, now their mother, passed on early last year. Now they are sharing the wealth.

Here's the kizungumkuti.
1) The remaining son says that before the father lost his mental faculties, he had disowned this other son.
2) That the father had told him that he has sorted the daughter's, and therefore the remaining land, property and cash is his.
3) The daughters argue that they are entitled to an equal share of the remaining wealth, including cash in bank and plots. They say there's no written word to verify above claims.
4) All the four agree that the late son had got his inheritance and therefore has no further claim.
5) A son to the late brother has joined the mix claiming that he is also entitled to the wealth of his grandfather. He argues that the portion given to his late dad cancels with whatever everyone else received. Note that this son is not the blood of the late brother. On fact, out of the four kids the late brother left, only one is his blood.

The family is now at stalemate. They have sought intervention of a few cousins, among them yours truly. I would love to hear your opinion on this issue.

On my side, I would say that in the absence of any written will, the law requires that the property be divided equally into 5 parts. I however think it would be unfair to the late Mzee coz I know for sure he had disowned his son that time he was reported to the chief.
As for the girls, I think they are also being unfair considering they are all married and have husband's who have inherited land from their parents.

But what do I know?
Experts leteni maoni.

Cc @Kasaman @Field Marshal @Mwalimu-G @Meria @Tiiga Waana and all elders of goat
 
Lawyers (and other imenyi) in the house, help me here.

Some relatives are dividing their late parents'wealth. They are 3 girls and 1 boy. A second boy passed on sometime last year, but ako na offsprings.

This late boy was one hell of a character. He was the black ship (sic) of the family. Many years ago, he had taken his dad to the chief demanding his inheritance. The chief of course saw the stupidity of the issue and advised the dad to settle this guy far away since he can be dangerous. The dad did exactly that and sent the boy to a farm he owned in Nakuru. Mpaka akambadilishia tirle. He even built a home for the guy. The guy moved with his family, but sold the land after less than an year. He rented but when the cash ran out, the guy returned back home. By then, the Mzee had allocated half of the land where they stay to the other four siblings. He was also suffering from dementia. He welcomed his son back home with his family. An year later he passed on. The wife, now their mother, passed on early last year. Now they are sharing the wealth.

Here's the kizungumkuti.
1) The remaining son says that before the father lost his mental faculties, he had disowned this other son.
2) That the father had told him that he has sorted the daughter's, and therefore the remaining land, property and cash is his.
3) The daughters argue that they are entitled to an equal share of the remaining wealth, including cash in bank and plots. They say there's no written word to verify above claims.
4) All the four agree that the late son had got his inheritance and therefore has no further claim.
5) A son to the late brother has joined the mix claiming that he is also entitled to the wealth of his grandfather. He argues that the portion given to his late dad cancels with whatever everyone else received. Note that this son is not the blood of the late brother. On fact, out of the four kids the late brother left, only one is his blood.

The family is now at stalemate. They have sought intervention of a few cousins, among them yours truly. I would love to hear your opinion on this issue.

On my side, I would say that in the absence of any written will, the law requires that the property be divided equally into 5 parts. I however think it would be unfair to the late Mzee coz I know for sure he had disowned his son that time he was reported to the chief.
As for the girls, I think they are also being unfair considering they are all married and have husband's who have inherited land from their parents.

But what do I know?
Experts leteni maoni.

Cc @Kasaman @Field Marshal @Mwalimu-G @Meria @Tiiga Waana and all elders of goat

Without written will any said or purported to have been said is null and void !
 
On my side, I would say that in the absence of any written will, the law requires that the property be divided equally into 5 parts

this is the correct position as per the law, all kids are equal , everyone is entitled to something. For the outcast, you must prove he was allocated his share before but prepare for a court battle , so collect evidence to that fact. Since it can be easily said the woke siblings are trying to disinherit their kin. Inheritance matters are very sensitive.
 
the law said dotas wagawiwe, hapo hakuna otherwise.
hii kijana ingine iligawiwa ikauza iene ikikauka
this is the correct position as per the law, all kids are equal , everyone is entitled to something. For the outcast, you must prove he was allocated his share before but prepare for a court battle , so collect evidence to that fact. Since it can be easily said the woke siblings are trying to disinherit their kin. Inheritance matters are very sensitive.
Note that this prodigal son got land and sold. At the same time, Mzee subdivided half of the contested land and gave it to the son and daughter. So, hapo nikama wote wako draw.
The issue is the remaining land, plots and cash.
 
The daughters of Eve want to throw their nephews and nieces to the roadside? Or the young ones should suffer for the sins of their father? What kind of misfortune is it for the children to have a bad dad and bad uncles and aunts too?
What they need to do first is to forget what happened in the past. Second, let them be human. Third equal share for all the siblings - otherwise the matter will become a Gordian knot which we know was resolved with a panga.
Another thing they should avoid is dividing up in manner that will leave some feeling bitter - otherwise...wengine watakuwa wanamuka wanakuta ng'ombe ilimeza kengere usiku
Finally let them recall the case of Jarndyce vs Jarndyce in Dickens' Bleak House and know inheritance litigation in Kenya takes 20 years and by the time a determination will be made the value of what any of them will be expecting to gain will have been eaten up. (Sisemi mnyime @Karma_mama kazi).
 
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The daughters of Eve want to throw their nephews and nieces to the roadside? Or the young ones should suffer for the sins of their father?
What they need to do first is to forget what happened in the past. Second, let them be human. Third equal share for all the siblings - otherwise the matter will become a Gordian knot which we know was resolved with a panga.
Another thing they should avoid is dividing up in manner that will leave some feeling bitter - otherwise...
Finally let them recall the case of Jarndyce vs Jarndyce in Dickens' Bleak House and know inheritance litigation in Kenya takes 20 years and by the time a determination will be made the value of what any of them will be expecting to gain will have been eaten up.
Does customary law have a place in succession matters?
Coz I think as per Kikuyu customs, the girls should not have any further claim. The issue would now be between the son and the (illegitimate) nephew.
 
Does customary law have a place in succession matters?
Coz I think as per Kikuyu customs, the girls should not have any further claim. The issue would now be between the son and the (illegitimate) nephew.
Quote: "The Constitution says that customary law is protected, but the rules of customary law must be in line with the principles in the Bill of Rights. "

Inheritance rights say boys and girls are equally entitled to inheritance from their parents. Hata wewe bibi yako aendee kanyamu kwao siku ile wazazi watahama (God forbid) just like your married sister atakujia..
 
Quote: "The Constitution says that customary law is protected, but the rules of customary law must be in line with the principles in the Bill of Rights. "

Inheritance rights say boys and girls are equally entitled to inheritance from their parents. Hata wewe bibi yako aendee kanyamu kwao siku ile wazazi watahama (God forbid) just like your married sister atakujia..
Khupipi wangu hataendea. It's against their customs. She doesn't even expect it.
 
Simple really, assign a monetary value to every property the dad left, hata ile ya Nakuru iliyo uzwa. Divide by 5. From the quotient substract value of land each kid sits on, including the one sold in Nakuru. From the cash and remaining plots patia kila mtu a share that returns a persons inhertance to Total/5.
 
Simple really, assign a monetary value to every property the dad left, hata ile ya Nakuru iliyo uzwa. Divide by 5. From the quotient substract value of land each kid sits on, including the one sold in Nakuru. From the cash and remaining plots patia kila mtu a share that returns a persons inhertance to Total/5.
Na uko very serious, sio?
 
Does the Constitution supercedes customary law. In my community we don't dwell on what the law says about sharing with our sisters when it comes to material wealth coz by virtue they belong to other families unless they were married and rejected
 
The daughters of Eve want to throw their nephews and nieces to the roadside? Or the young ones should suffer for the sins of their father? What kind of misfortune is it for the children to have a bad dad and bad uncles and aunts too?
What they need to do first is to forget what happened in the past. Second, let them be human. Third equal share for all the siblings - otherwise the matter will become a Gordian knot which we know was resolved with a panga.
Another thing they should avoid is dividing up in manner that will leave some feeling bitter - otherwise...wengine watakuwa wanamuka wanakuta ng'ombe ilimeza kengere usiku
Finally let them recall the case of Jarndyce vs Jarndyce in Dickens' Bleak House and know inheritance litigation in Kenya takes 20 years and by the time a determination will be made the value of what any of them will be expecting to gain will have been eaten up. (Sisemi mnyime @Karma_mama kazi).
Ati ngw'ambe imemeza ngengere :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: Anyway unless mzee said he should not inherit him (mugambo) they should get a portion. Also the daughters are being gluttonus, married and still salivating for dads riches. If the land is big enough they should get a fair portion if not equal. Seems before dementia set in Mzee was not amused by his kids.
 
@Aviator You just reminded me of a mzee who cautioned his kids never to wrangle over his properties but amicably share the properties and rental proceeds. They are yet to agree how to share amicably share 10yrs on. Unfortunately when they have a big wrangle one of them ails mysteriously and departs. They were seven now 3 to go.
 
Simple really, assign a monetary value to every property the dad left, hata ile ya Nakuru iliyo uzwa. Divide by 5. From the quotient substract value of land each kid sits on, including the one sold in Nakuru. From the cash and remaining plots patia kila mtu a share that returns a persons inhertance to Total/5.
So, the wishes of the dad become null and void?
In my place, we value "mugambo" more than the law.
Does the Constitution supercedes customary law. In my community we don't dwell on what the law says about sharing with our sisters when it comes to material wealth coz by virtue they belong to other families unless they were married and rejected
Same with Gìkūyū, but the law is an ass.
Ati ngw'ambe imemeza ngengere :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: Anyway unless mzee said he should not inherit him (mugambo) they should get a portion. Also the daughters are being gluttonus, married and still salivating for dads riches. If the land is big enough they should get a fair portion if not equal. Seems before dementia set in Mzee was not amused by his kids.
Mzee had already assigned everyone, including the daughters a portion. A substantial portion, I must add. 5 acres each. Kijana alipewa Nakuru land that was worth less. The good son got 15.
Now the remaining land is around 40 acres. Pia Kuna ancestral land of 5 acres and some two rent-generating plots. This is what is at stake.
 
Quote: "The Constitution says that customary law is protected, but the rules of customary law must be in line with the principles in the Bill of Rights. "

Inheritance rights say boys and girls are equally entitled to inheritance from their parents. Hata wewe bibi yako aendee kanyamu kwao siku ile wazazi watahama (God forbid) just like your married sister atakujia..
But can't be forced to inherit, anaweza kataa/waive her right.
 
@Aviator You just reminded me of a mzee who cautioned his kids never to wrangle over his properties but amicably share the properties and rental proceeds. They are yet to agree how to share amicably share 10yrs on. Unfortunately when they have a big wrangle one of them ails mysteriously and departs. They were seven now 3 to go.
Same thing happens with my grandpa's properties. He had said they should never stand in court over his property. Unfortunately, the lastborn anakatalia vitu kadhaa. The rest can't take legal course. And mark you the youngest is over 75.

Mimi naona hio vita ikiingia next generation.
 
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