Trilchan Singh Jandu v Amarjet Singh Jandu & another [2017] KECA 207 (KLR)
- Court
- Court of Appeal
- Case number
- 207
- Citation
- [2017] KECA 207 (KLR)
The court orders the deceased's estate be distributed equally among the three children, with the Parklands property to be shared among them.
Facts
The deceased, Kahmira Singh Jandu, died on 8th September, 2011, leaving an estate consisting of properties in Nairobi and Punjab, India. The second son, Amarjet Singh Jandu, petitioned for a grant of probate of a will allegedly made by the deceased, which distributed the estate to Amarjet and his daughter Amarjeet Kaur Chana. The appellant, Trilochan Singh Jandu, objected to the will, claiming it was a forgery and that he was adequately provided for during the deceased's lifetime.
Issues
- Validity of the will
- Distribution of the deceased's estate
Reasoning
The court found the will invalid due to the appellant's claim of adequate provision during the deceased's lifetime and the lack of evidence supporting the will's authenticity. The Parklands property, being the family home, was shared among the three children.
Outcome
Appeal upheld, original judgment set aside
Orders
- The 1st respondent Amarjeet Singh Jandhu is upheld as the administrator of the deceased's estate.
- The Enterprise Road property LR No 209/9372 to remain with the appellant.
- The Sotik Road property LR NO 37/396 to remain with the 1st respondent.
- One apartment at Parklands Property LR NO. 209/2079 to be transferred to the appellant.
- One apartment at Parklands property LR NO. 209/2079 to be transferred to the deceased daughter.
- The residual of Parklands property LR NO 209/2079 to be transferred to the 1st respondent as well as any other property of the deceased.
Remedies
- The deceased's estate be distributed equally among the three children
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