Property Law and succession

The concept of property is closely tied to ownership, possession, and title. In Kenya, individuals have the right to acquire and own property, which can be done through various means such as purchasing, gifting, inheritance, or leasing. Matrimonial property acquired during a marriage is subject to distribution upon separation. Succession involves the transfer of property rights from the deceased to the living, known as inheritance. Discover more about property law and succession in Kenya through this comprehensive overview.

• Property Law
• Succession
• Kenya
• Ownership
• Inheritance

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Uploaded on Feb 19, 2025 | 0 Views

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Presentation Transcript

1. property law and property law and succession succession .

2. Property law and succession Property law and succession What is property What is property The term property may be defined to be the interest which can be acquired in external objects or things. Of particular importance, is that the concept of property is closely linked with the concepts of ownership, possession and title

3. Property law and succession Property law and succession WHO IS ENTITLED TO OWN PROPERTY WHO IS ENTITLED TO OWN PROPERTY the constitution on protection of the constitution on protection of property rights property rights Article 40. (1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property (a) of any description; and (b) in any part of Kenya.

4. Property law and succession Property law and succession How can one acquire property in Kenya How can one acquire property in Kenya There are several ways of acquiring in Kenya. These include: By way of purchasing By way of gift By way of inheritance By way of Grant from the state the State (land) By way of lease By way of adverse possession

5. Property law and succession Property law and succession Matrimonial property Matrimonial property This is the property acquired by a couple during the subsistence of their marriage should the couple separate then the court determines how the property is to be distributed taking into consideration the contribution of each party towards the acquiring of the property. With the new marriage Act the position has changed matrimonial property to be divided equally regardless of the parties contribution.

6. Property law and succession Property law and succession WHAT IS SUCCESSION WHAT IS SUCCESSION Succession deals with the transmission of ownership of property from the dead to the living or the transfer of property rights from the dead to the living i.e. inheritance. This concept is founded on the fact that the dead cannot enjoy the rights and benefits accruing from property.

7. Property law and succession Property law and succession WHO IS ENTITLED TO INHERIT THE WHO IS ENTITLED TO INHERIT THE PROPERTY OF A DEAD PERSON PROPERTY OF A DEAD PERSON Following the death of the owner of some property, rights over such property have to be passed on to those who survive them. Eg Heirs /beneficiaries/dependants.

8. Property law and succession Property law and succession Wills Wills A Will is a legal declaration by a person, written or oral, stating his intentions or wishes regarding disposition of his assets after his death. The Maker of a Will (Testator) is supposed to sign or affix his mark to the Will which should be attested by at least two competent witnesses.

9. Property law and succession Property law and succession Succession without a will Succession without a will In the case where the deceased died without having made a will or having made a will but was declared invalid by court, this is referred to as Intestacy which eventually leads to intestate succession and the Rules of intestacy will apply. Under the rules of intestacy only blood relations of the deceased person are entitled to inherit but under a testate succession you can benefit anybody. Provisions relating to intestacy are contained in Part V sections 32 to 42 of the Law of Succession Act cap 160 laws of kenya.

10. Property law and succession Property law and succession Succession without a will Succession without a will Any one claiming to be a relative or a person beneficially entitled who considers that the rules of intestacy do not make reasonable provision for them may make a claim under the family provisions in section 26 of the Law of Succession Act, and the rules of intestacy may be varied by the court to make adequate provision for the person. The rules of intestacy only apply to property that is capable of being disposed of by a Will. They do not apply to joint property, which passes by survivorship, or to nominations, life policies written in trust, or the subject of a donatio mortis causa(gifts in contemplation of death).