In re Estate of Mokar Dharamshi Shah (Deceased) [2024] KEHC 15221 (KLR)

In re Estate of Mokar Dharamshi Shah (Deceased) (Miscellaneous Succession Cause E080 of 2024) [2024] KEHC 15221 (KLR) (2 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15221 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause E080 of 2024

RE Aburili, J

December 2, 2024

IN THE MATTER OF THE ESTATE OF MOKAR DHARAMSHI SHAH (DECEASED) AND IN THE MATTER OF AN APPLICATION BY PANKAJ MOKAR SHAH and DILIP MOKAR SHAH - PETITIONERS

In the matter of

Pankaj Mokar Shah

1st Petitioner

Dilip Mokar Shah

2nd Petitioner

(Arising from Kisumu High Court Succession No. 211 of 2007)

Ruling

1. The application dated 24th October 2024 seeks rectification of grant issued in Succession Cause No. 211 of 2007 and confirmed on 8th June 2010 which left out some assets which have now been identified and listed in paragraph 5 of the affidavit sworn jointly by the administrators/beneficiaries.

2. I allow the application. The beneficiaries shall each get 50% of each new share/asset listed. The earlier distribution done remains as it is in the certificate of confirmation dated 8th June 2010.

3. A fresh rectified certificate of confirmation of grant to issue reflecting the distribution.

4. Subject to Section 83 of the Law of Succession Act on filing of accounts, this file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 2NDDAY OF DECEMBER, 2024R. E. ABURILIJUDGE