One of the children of the late Ratilal Gorhandas Sanghani has moved to court seeking to have the succession cause of their Multi-Million property in Westlands reinstated.
In an application filed at the high court,Manojkumar Ratilal Sanghani is also seeking to have excecutors Rajendra Ratilal and Jayant Rach ordered to file income and expenses of the assets of the deceased as included in the will dated March 2006.
The petitioner also wants the court to revoke the grant of letter of administration with written will made to the two issued on August 7,2008,and he be appointed as Administrator De Bonis Non.
The beneficiaries are also seeking to have their succesion cause reinstated and orders issued on May 30,2022 dismissing it reviewed.
The applicant says that the two excecutors have failed to act in the best interest of the estate and its beneficiaries as required by law and office of excecutor.
“Over 16 years since their appointment as estate excecutors,they have never accounted to the beneficiaries their administration of the estate or given updates/accounts on any administrative actions they have undertaken,”added Manojkumar.
He says the two excecutors have been selling estate assets without a confirmed Grant,mishandling bank accounts held by the deceased and collecting rental income from the assets that beneficiaries are entitled to,and failing to disclose to beneficiaries.
The applicant who is representing other beneficiaries also want to be appointed as administrator of their Mul-timillion estate only after evaluation.
“It is in the best interest that i am appointed Administrator De Bonis Non so as to conclude the estate administration,only after the current excecutors account on the estate and a valuation is done for clearity purposes and to avoid their mistakes being visited upon me in future,”added Manojkumar.He wants the court to direct that the whole estate be valued.
In court documents the petitioner wants the court to order an audit of the estate and a presentaof the estates accounts,to include funds held in bank accounts,assets sold and their value,assets remainig in the estate for the court and beneficiaries to have a clear picture of the estate as it currently stands due to intermedling of the estate by current excutors.
In the application dated December 13/2024,Ghorandas died on May 22,2007 at Nairobi and left a written will dated March 3/2006 where he appointed Rajendra Ratilal Saghani and Jayant Rach as the excecutors of his will.
The beneficiaries adds that the two excecutors qfailed to prosecute to conclusion the summons for confirmation of Grant dated October 15/2018 within and after the lapse of 10 years from the date the Grant of letters of Administration with Written will was made to him untill the cause was dismissed for want of prosecution on May 30,2022.
Manojkumar says that the excecutors have failed to proceed diligently with the administration of the estate and severally abused their duties in regard to that estate.
He says that they have sold assets of the late and specifically 95 Niclause Road Leicester in the United Kingdom without having proper authority in the form of confirmed grant.
The aggrieved Son of the late says that the excecutors purported to grant him Sh 600,000 as his share and failed to disclose all the sale and cost transactions.
According to him, the excecutors have also refused to give account in regard to the funds that were held in bank accounts in Kenya and UK by their father.He says such infomation and even they have not receid their share as beneficiaries.
The petitioner adds that the petioners have been leasing their estate property off westlands Road and have accumulated im excess of over Sh 100,000,000 and this information have never been disclosed to the beneficiaties as the will had stated.
Through lawyer Nelima Walubengo,Manojkumar says the two have since failed to attend court,resulting to dismissal of the matter for want of prosecution.He contests that the grant was not confirmed and wants the court to reinstate the succession cause.
The beneficiaries says that the exvecutors are yet to conclude the distribution of the estate to the beneficuaries and they have been intermedling and have not seen the need to have the grant issued to them confirmed prejudicing the estate beneficiaries.
