In re Estate of Trilok Nath Gandhi alias Gandhi Trilok Nath (Decesaed) [2024] KEHC 15430 (KLR)

In re Estate of Trilok Nath Gandhi alias Gandhi Trilok Nath (Decesaed) (Succession Cause E712 of 2024) [2024] KEHC 15430 (KLR) (Family) (5 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15430 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause E712 of 2024

HK Chemitei, J

December 5, 2024

IN THE MATTER OF THE ESTATE OF TRILOK NATH GANDHI alias GANDHI TRILOK NATH (DECEASED)

Between

Sanjay Gandhi

1st Applicant

Neela Gandhi

2nd Applicant

Reena Soni

3rd Applicant

and

Satya Bhama Gandhi

Objector

Ruling

1. This ruling relates to the applications dated 30th July, 2024 and 6th September, 2024.

2. The application dated 30th July, 2024 filed by Sanjay Gandhi, Neela Gandhi alias Dr. Neela Gandhi and Reena Soni alias Reena Manoj Kumar Soni seeking for a grant of probate.

3. The application dated 6th September 2024 on the other hand by the Applicants seeks limited letters of administration of the deceased estate for the reason among others that there is a pending suit namely Succession Cause No 769 of 1988 -In the matter of the estate of the late Des Raj Gandhi. The above case has pending applications where the deceased was the Respondent.

4. It is therefore for this reason that they are seeking limited letters of administration ad litem to allow them defend that cause.

5. The objector Satya Bhama Gandhi has opposed this cause vide the objection dated 4th November 2024. The main reason is that the deceased was involved in the aforementioned estate of Des Raj Gandhi and at the moment the estate herein owes that estate a sum of Kshs. 463,471,370 which continues to attract interest.

6. It is not therefore prudent for this court to allow the application as requested by the Applicants as they filed this cause clandestinely and was meant to defeat the issues raised in the pending cause of the late Gandhi.

Analysis and Determination 7. Having perused the application herein I think granting the Applicants limited letters ad litem will not jeopardize this cause or the interest of the Objector. As a matter of fact, it is agreed that the deceased herein was involved in cause Number 769 of 1988 and therefore for continuity purposes it is necessary that his interest in that cause is secured as well as in this cause.

8. There is therefore mutual benefit for the estate herein to have an administrator even for a while pending the determination of the proceedings herein as per the deceased will.

9. For this reason, the application is allowed as hereunder:-(a)Limited letters of administration ad litem are granted to Sanjay Gandhi, Neela Gandhi and Dr Neela Gandhi.(b)The above letters are only limited to preservation of the estate and participating in the Succession Cause No 769 of 1988 mentioned above.(c)Costs shall await the outcome of the cause.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 5TH DAY OF DECEMBER 2024. H K CHEMITEIJUDGE