In re Kanwaljit Singh Daulat Singh Channa (Deceased) [2021] KEHC 7029 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI, NAIROBI

SUCCESSION CAUSE NO. 1748 OF 2016

IN THE MATTER OF THE ESTATE OF THE LATE

KANWALJIT SINGH DAULAT SINGH CHANNA (Deceased)

RULING

By Summons for Rectification dated 1st September 2020, the Administrators in the Estate of the deceased are seeking to rectify the grant issued on 4th April 2017 and are seeking the following orders:

1. That the Grant of Letters of Administration issued to CHANNA RATTAN KAUR and SATNAM SINGH CHANNA on the 4th April 2017 be rectified to include the following assets that form part of the Estate of the deceased and that were not included in the Grant because they were discovered after the Grant had been issued:

(a) Fifty percent (50%) of L.R No. 37/177 (Original No. 37/54/38) together with all the property erected thereon.

(b) Four (4) shops (shop numbers 2, 3, 4 and 5), Khasti no. 267 at Basti 9 Jallandhar India.

(d) Haveli-Shankar-Tasil Nakodar Dist – Jallandhar India.

(e) The following Bank Accounts:

BANK ACCOUNT NUMBER ACCOUNT NAME

FD’s (Union Bank of India) [Particulars Withheld] and [Particulars Withheld] Kartar Kaur Channa

FD’s United Bank of India [Particulars Withheld] and [Particulars Withheld] Kartar Kaur Channa

State Bank of Patiala-NRI Branch Jallandhar 6249 Kanwaljit Singh & Katar Kaur

State Bank of Patiala-NRI Branch Jallandhar [Particulars Withheld] Kanwaljit Singh Channa & Kartar Kaur

Punjab National Bank [Particulars Withheld] Kanwaljit Singh Channa Village & P.O. Shankar

Punjab & Sind Bank Saving Bank Pass Book [Particulars Withheld] Kanwaljit Singh Channa V. P.O. Shankar Jallandhar

Cooperation Bank [Particulars Withheld] Kanwaljit Singh Channa & Kartar Kaur

Indian Bank [Particulars Withheld] Kanwaljit Singh

Bank of Baroda [Particulars Withheld] and [Particulars Withheld] Kanwaljit Singh Channa

United Bank of India (Saving Bank Deposit Pass Book) [Particulars Withheld] Kartar Kaur Channa

State Bank of Patiala [Particulars Withheld] Kanwaljit Singh Channa

(f) Fifty percent (50%) of Four Thousand (4,000) shares held at Safaricom PLC.

2. That costs of this application be provided for.

On the grounds on the face of the Summons and in the Supporting Affidavit the Applicants who are also administrators of the Estate of the deceased state that the Grant was issued to them on 4th April 2017 and that it has not been confirmed. They state that it is after the grant was issued that they became aware that there were other assets forming part of the estate that have been left out and were not being administered.

I have considered this Summons. In the interest of justice and to enable the administrators to perform their duties well, it is prudent to allow this application. For the reasons provided by the applicants I hereby allow the application. The Grant issued on 4th April 2017 is hereby rectified in terms of paragraph 3 of the Supporting Affidavit. Costs shall be in the cause. Orders shall issue accordingly.

DATED, SIGNED AND DELIVERED THIS 12TH APRIL 2021.

S. N. MUTUKU

JUDGE