Why You Should NEVER Buy Land from a Deceased’s Estate

Why You Should NEVER Buy Land from a Deceased’s Estate

Why You Should NEVER Buy Land from a Deceased’s Estate—Understanding Section 45 of the Law of Succession Act

Imagine this: You’ve just spotted a prime piece of land in Kapseret, Kericho, or Bomet. The seller tells you it belonged to their late father, and the family has “agreed” to sell. No title issues, they say. You’re about to seal the deal when they casually add, “We’re still sorting out succession, but the land is clean.”

 That statement alone should send you running.

The Law—Plain and Simple

Under Section 45 of the Law of Succession Act, it is illegal to sell, lease, or transfer the property of a deceased person without court authority. Until the rightful heirs obtain letters of administration or probate (if there’s a will), any transaction involving that property is unlawful.

This act is called intermeddling, and it’s not just a technicality—it’s a crime.

Penalty for Intermeddling

Intermeddling isn’t just a bad idea—it comes with severe legal consequences. Under Section 45(2) of the Law of Succession Act, anyone found guilty of unlawfully handling or disposing of a deceased’s property can face:
 Fines—The court may impose a monetary penalty.
 Imprisonment—A convicted person can face a jail term.
 Loss of Property Rights—Any transaction done without proper legal authority is void, meaning buyers risk losing their money and property.

Kenyan courts take this issue seriously, and prosecutions have been brought against individuals who attempt to interfere with an estate before succession is properly handled.

What the Courts Have Ruled

Case Study: Estate of M’Ngarithi M’Miriti (2017)
In this case, someone sold land from a deceased’s estate without a grant. The court ruled the sale void ab initio (invalid from the start), meaning even innocent buyers lost their property.

Dangerous Myths That Could Cost You

“The family has agreed…” – No legal weight without a confirmed grant.
“But they’re the only child!” – Still illegal. Legal authority is mandatory.
 “The seller showed me the original title!” – If it still carries the deceased’s name, the sale is unlawful.

Are There Any Exceptions?

Almost none. You can only handle the estate if:
You have a confirmed Grant of Representation.
You’re preserving—not selling—the estate.
The land falls under customary use (which is still risky).

Moral of the Story? Don’t Buy from the Dead.

Before committing to any land purchase:
Ask for the Grant of Probate or Letters of Administration.
Conduct a land search—if the title is still under the deceased’s name, walk away.

Consult a lawyer. Always.

 Need help verifying land documents or navigating succession law?
Reach out to Chepkirui Koech & Associates Advocates—because you deserve to buy peace, not problems.

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