[Source: Daily Nation, by Joseph Wangui]
A parent has no legal obligation to consult his or her children when selling or transferring property, the High Court has ruled as it stopped two siblings from challenging their father’s decision to dispose a land he inherited.
When dealing with the question of whether a land owner who inherited it from parents automatically held the said land in trust for their children, the court has restated that there is no automatic trust – between a parent and his child – that arises from inheritance.
Consequently, the proprietor (parent) is not bound to consult the children when dealing with the inherited land including subdividing and selling it.
While ruling on the case in which two siblings sued their father for selling his inherited and ancestral land without consulting them or their mother, Justice Grace Kemei said the claim of customary trust must be proven.
She anchored her ruling on a decision made by Justice Sila Munyao seven years ago who said there is no law that says where a parent holds land, then he holds the same as trustee for any children that he or she has.
Ms Syliva Wanjiku and her brother Jackson Muiruri had moved to the Lands Court in Mrang’a seeking a declaration that the decision of their father, Muiruri Machugu, to sell and transfer the land was null and void.
After the declaration, they wanted the court to order the Lands Registrar to cancel the title issued to the purchaser, Mwangi Ndua and revert the original title to Mr Machugu.
Justice Kemei ruled that the purchaser retained exclusive rights over his properties while the sibling’s rights to succeed or inherit their father’s land could only mature upon his death.
The two siblings had accused their father of fraudulently and illegally selling the land whilst they were minors and at a time and at a time when their mother did not have the financial means to object to the sale.
They also described the land as matrimonial property. However, Justice said for a claim of matrimonial property to succeed, it must be adverted by a spouse and not the children. One of the siblings, Ms Wanjiku, testified that their mother though alive was not interested in pursuing the case.
[Full article: Daily Nation, by Joseph Wangui]
