HOW LAND SUCCESSION WORKS
For starters, Land Succession simply entails the process of acquiring land necessarily without even buying it. Its just like inheritance. The transfer of ownership of land from a person who has passed away to the people who are entitled to take the deceased person’s property. This is normally confirmed on the will of the deceased.
Land Succession can be a tedious process but if one follows the right channels it can be made possible.
There’s always a law of succession Act that directs on how the whole procedure should be done.
Below are some of the ways on how land Succession can be done:
Acquisition of death Certificate
By using the deceased’s death certificate will be prove that they are no more and you can start the process of acquiring the land. This is usually issued by the registrar of births and deaths of the respective sub-counties.
If the deceased died prior to the enactment of the registration of deaths and births. The registrar will normally issue a confirmation of death through a letter that relies on information given by the chief and indicate the time of death.
The Law of Succession Act
This law was passed by parliament, it expounds on how to apply for succession, which is the process that transfers the property from the deceased to the beneficiaries, both in cases where there is a valid will and in the absence of one.
And in this case there are two forms of succession which are Testate and intestate.
Testate Succession
This entails circumstances where the deceased leaves behind a valid will declaring his or her intentions or wishes regarding the disposition of his property after his death in accordance with the law of succession Act.
Here the property of the deceased is given out as per the terms of the will. (A will is a statement left by the deceased person sharing their wishes and interest on how they would want their property to be divided or distributed it also has the name of the person whom has been chose an the successor) All this arrangements are made before the person passes.
The will always has no power thus any legal effects until the day the person who wrote it passes.
Intestate Succession
This is situation is whereby a person dies without having made a will or the will is invalidated.
Although the law of succession act makes provision for both monogamous and polygamous situations. And in this case according to law family members are given first priority to inherit the estate.
If the deceased was married and had a spouse, the property is handed to her or him so that in when the children come of age they get equal share and if at all there are no spouses, then the property is given to the children.
Of course if there are no children or spouses left then the property is given to family members if there were any, and if it again happens there ain’t family members then the property and everything the deceased had goes to the state.
In Conclusion the Law of Succession Act provides a clear road map to inheritance of land and other property subject to inheritance. Through the process of succession land is taken in legitimately without having any issues.
