The Court of Appeal in Nyeri has ruled that an individual cannot inherit family property by simply claiming that a deceased parent gave it to them during their lifetime.
According to reports, the court held that anyone relying on such a claim must present credible evidence showing that the parent clearly intended to transfer ownership of the property.
Reports indicate that the decision arose from a dispute over a property in Maua Municipality, where one daughter argued that her late father had gifted it to her because she developed it, managed it and collected rent during his lifetime.
Court rules that inheritance must be supported by evidence
The Court of Appeal’s decision set aside the earlier judgment by the High Court in 2018 that had accepted that argument and declared the property belonged to her alone as a lifetime gift.
Her sister appealed the decision, arguing that no valid gift had been proved and that the property should instead be distributed equally among all the beneficiaries.
The court found that there was no transfer of ownership, no reliable documents showing the deceased intended to permanently give away the property and no evidence proving the daughter alone financed its development.
The court further held that where a deceased person leaves children but no surviving spouse, the estate should be shared equally unless the law provides otherwise or a valid lifetime gift has been proved.
