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Court: Without succession, you can't sell assets of the deceased

A person can only deal with the estate of a deceased person under a Grant of Representation made to him under the Law of Succession Act. [iStockphoto]

Any dealings on a deceased person's estate before confirmation of a grant is null and void, a court in Nakuru has ruled.

Justice Anthony Ombwayo of the Environment and Lands Court in Nakuru, in a judgment on a suit by Timothy Kimutai, said before a grant is issued and confirmed, no part of the estate may be dealt with.

Kimutai moved to court in October 2016 and filed a suit against three brothers - Stanley Kabuu, Wilson Kabuu and James Kabuu. He claimed he entered into a sale transaction with the three for the purchase of land at Sh1,045,000.