TRANSMISSIONS

Transmission as defined under Section 2 of the Land Registration Act (LRA) means the
passing of land from one person to another by operation of law on death, insolvency or
otherwise. Section 7 of the Land Act provides that transmission is one of the methods of
acquisition of title to land. Transmission on death, which will be discussed below, is provided for
under section 60, 61 and 62 of the Land Registration Act and section 49, 50 and 51 of the
Land Act. Transmission on bankruptcy on the other hand is provided for under section 63 of the
LRA.
TRANSMISSIONS ON DEATH; STEPS AND FORMS REQUIRED TO
REGISTER A BENEFICIARY
P L Onalo in his book ‘Land Law and Conveyancing in Kenya’, acknowledged that a deceased
may make a will and his property will devolve according to his wishes. He added that this will
can be said to create and transfer the testator’s property. Upon the death of the testator, it is
important to note that his property does not vest directly in the beneficiaries under the will but
devolves upon his personal representatives for purposes of administration. The personal
representative may be an executor or an administrator.
It is also important to acknowledge that a beneficiary can either be an adult or a minor. Where
minors are involved, Section 47 of the LRA provides that a minor’s name may be entered on the
register to enable the minor’s interest to be held in trust and shall be entered under the name
of the guardian either on first registration or as a transferee or on transmission.
Note that all forms are contained in the Sixth Schedule of the LRA Regulations.
Part VI of the LRA on Transmissions and Trusts.
a) Death of a Joint proprietor
In the cases of joint tenancy, land passes under the doctrine of jus acrescendi to the surviving
joint tenant or proprietor and will not devolve upon the personal representatives. Section 60
provides for the transmission on death of a joint proprietor. In such an instance, the registrar
ought to delete the name of the joint tenant upon proof of death. Rule 54 of the LRA Rules
requires the remaining proprietor to notify the registrar and make an application for the removal
of the name of the deceased from the register in Form LRA 38 set out in the Sixth Schedule. It
should be supported by the original death certificate of the deceased and a certified copy of
the death certificate.

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SAMPLE LRA 38 FORM

REPUBLIC OF KENYA
THE LAND REGISTRATION ACT
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
_____________________________________________________________________
Date Received ................................. Presentation Book No.............................. Official Fees Paid Kshs.
____________________________________________________________________
APPLICATION FOR THE REMOVAL OF THE NAME OF A DECEASED JOINT
PROPRIETOR FROM THE REGISTER
TITLE NUMBER: .................
Date of Application:
Joint Proprietors on Register: 1. Name: .........................................
Address: ....................................
2. Name: .........................................
Address: ....................................
Applicant(s)/Surviving Joint Proprietor(s): 1. Name: .........................................
Address: ....................................
2. Name: ........................................
Address: .....................................
Deceased Joint Proprietor: 1. Name: ........................................
Address: .....................................

1. The Applicant (s) being the Surviving Joint Proprietor(s) HEREBY APPLIES to the Land
Registrar to remove the name of the above Deceased Joint Proprietor from the Register of
the above-mentioned Title to the intent that the Surviving Joint Proprietor(s) shall be
registered as the sole proprietor(s) of the above-noted property.

2. The Proprietor(s) HEREBY PRODUCES for registration by the Land Registrar a

certified copy of the Death Certificate of the Deceased Joint Proprietor.

EXECUTION:
IN WITNESS WHEREOF this application
is duly signed by the Applicant surviving
Joint Proprietor(s). SIGNED by the
surviving Joint Proprietor in the presence
of: -
Coloured Photograph
ID / No..................................
PIN No................................
Signature............................

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Certificate of Verification
I CERTIFY that the above-named ......................... appeared before me on the ..................
day of ................ 20.... and being known to me/being identified by*................
of ................. acknowledge the above signatures or marks to be his/hers and that he/she
had freely and voluntarily executed this instrument and understood its
contents. .................................................. Signature and Designation of Person certifying

SIGNED by the surviving Joint Proprietor Coloured Photograph

in the presence of: - ID / No..................................
PIN No................................
Signature............................

Certificate of Verification
I CERTIFY that the above-named ........................................... appeared before me on
the ....................... day of ............................. 20......... and being known to me/being
identified by*................................... of .............................. acknowledge the above
signatures or marks to be his/hers and that he/she had freely and voluntarily executed this
instrument and understood its contents
.....................................Signature and Designation of Person certifying

REGISTERED and SEALED this ............... day of .............. 20........

LAND REGISTRAR Seal...........................................................
Name: ................................. Registrar's Stamp I No..........
Signature: ..................................................
DRAWN BY: Notes: *Delete whichever is not applicable. **The person attesting the
signature must authenticate the coloured passport size photograph, National ID Number and
Tax PIN Number."

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 b) Death of sole proprietor of Proprietor in common
Where a sole proprietor or a proprietor in common dies, section 61 of the LRA provides that the
proprietor’s personal representative shall make an application to the registrar in the prescribed
form and on production of the grant to register a transmission as proprietor in the place of the
deceased. There shall be an addition after the representative’s name of the words ‘as executor of
the will of [deceased]’ or ‘as administrator of the estate of [deceased]’ as the case may be.
After grant has been confirmed and on production of the grant to the registrar, Section 61(2)
stipulates that the transmission shall be registered without requiring the personal representative
to be registered. Under this section the following may be registered by transmission;
a) Any transfer by the personal representative; and
b) Any surrender of a lease or discharge of a charge by the personal representative.
Rule 55 of the LRA rules provide that a transfer of an interest in land of a deceased shall only be
registered after confirmation of the grant of letters of administration or grant of probate as the
case may be.
i. Transfer to personal representative (Rule 56 of the LRA Rules)
A personal representative shall make an application under Form LRA 39 to be registered as an
administrator or executor. It should be supported by a copy of the grant of the letters of
administration or grant of probate duly certified by the court.
Where a personal representative is not noted on the register as an administrator or executor even
upon complying with the requirements, may make an application through Form LRA 40 to be
registered by transmission as proprietor jointly with the other personal representatives.

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SAMPLE LRA 40 FORM
REPUBLIC OF KENYA
THE LAND REGISTRATION ACT
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
________________________________________________________________________
Date Received ................................. Presentation Book No.............................. Official Fees Paid Kshs.
__________________________________________________________________________
TRANSFER TO THE PERSONAL REPRESENTATIVE AS EXECUTOR/ADMINISTRATOR
TITLE NO: .................
Date of Transfer
Transferor(s) Give full name(s)... as personal
representative(s) of the Estate of ........
lD/ Passport
Transferee(s) Give full name(s) .... as personal
representative(s) of the Estate of
Date of Letters of Administration/Probate
Nature of Interest to be transferred

This TRANSFER witnesses as follows:

1. The Transferor(s) HEREBY TRANSFERS to the Transferee(s) the above-mentioned interest
in the above Title.
2. The Transfer is subject to the following:
(a) The provisions of The Land Registration Act (No 3 of 201 2) and The Land Act (No 6 of
2012).
(b) The interests noted in the Register of the Title.
3. The Transfer is also subject to the following additional provisions, (if any).
IN WITNESS the Transferor(s) have signed this Transfer as a deed.
EXECUTION:
SIGNED as a deed by the transferor(s) in the Coloured Photograph
presence of: ID /Passport No..................................
- ........................................................... PIN No................................
Name and signature of person Signature/ Thumb Print.............................
certifying ..................................................... Coloured Photograph
Name and signature of person certifying ID /Passport No..................................

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 PIN No................................
Signature/ Thumb Print............................

Certificate of Verification
I CERTIFY that the above-named Transferors ... appeared before me on the ....... day
of ................ 20.... and being known to me/being identified by***.........
of ..........................................acknowledged the above signatures or marks to he his/ hers/theirs
and that he/she/they had freely and voluntarily executed this instrument and understood its
contents.
.................................. Name and Signature of Person certifying

REGISTERED and SEALED this............................... day of ......20....

Seal... ....................................
LAND REGISTRAR
Name: ............................................. Registrar's Stamp / No............
Signature: ................................................................................

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 ii. Transfer by personal representative to beneficiary (Rule 57 of LRA Rules)
Transfer by the personal representative to the beneficiary shall be in Form LRA 42. The
application shall be supported by the following documents;
a) a copy of the grant of letters of administration or the grant of probate, duly certified by
the Court;
b) a copy of the certificate of confirmation of the grant of letters of administration or a grant
of probate, duly certified by the Court;
c) the certificate of title or the certificate of lease of the parcel;
d) where applicable, a land rent clearance certificate;
e) a land rates clearance certificate;
f) where applicable, the consent of the head lessor;
g) any other consent required for registration unless a particular consent has been endorsed
on the instrument of transfer; and
h) any other document as may be required under the Act, these Regulations, or any written
law.

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SAMPLE LRA FORM 42
(Heading as in Form LRA-1)
__________________________________________________________________________________
Date Received ................................. Presentation Book No.............................. Official Fees Paid Kshs.
__________________________________________________________________________________
TRANSFER BY PERSONAL REPRESENTATIVE TO PERSON ENTITLED UNDER A WILL
OR ON AN INTESTACY
TITLE NUMBER: .................
Date
Deceased Proprietor *
Date of Grant of Will/Letters of
Administration
Date of Confirmation Transferor as Personal
Representative of the Estate of the Deceased
Transferee(s) as Person Entitled under the *
Estate of the Deceased

1. The Transferor(s) as Personal Representative(s) of the above noted Deceased HEREBY

TRANSFER(S) the interest of the Deceased in the above Title.
2. The Transfer is subject to the following:
(a) The provisions of The Land Registration Act, 2012 (No 3 of 2012) and The Land Act, 2012
(No 6 of 2012).
(b)The interests noted in the Register of the Title.
3. The Transfer is also subject to the following additional provisions, if any:
4. The Transferee(s) declare that they shall hold the land as joint proprietors/as proprietors in
common* in the following undivided shares: -
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION:
SIGNED as a deed by the Transferor(s) in the Coloured Photograph ID / Passport
presence of: Number ......................... PIN
- ....................................................... Name No................................ Signature/Thumb
and signature of person certifying print.............................

Certificate of Verification

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I CERTIFY that the above-named .................. ............................... appeared before me on
the ............ day of .............................. 20.... and being known to me/being identified
by***................................. of ......................... acknowledged the above signatures or marks to
be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and
understood its contents................................ Name and signature of person certifying

SIGNED as a deed by the Transferee in the Coloured Photograph ID / Passport

presence of: Number ................................. PIN
-..................................................................... No..................................................
Name and signature of person certifying Signature/Thumb print.............................

Verification of execution pursuant to Section 45 of the Land Registration Act

I CERTIFY that the above-named..................................... appeared before me on
the....................... day of .................................20....................... and being known to me/being
identified by***...... .... ...of ........ ...... acknowledged the above signatures or marks to be
his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and
understood its contents.
................................ Signature and Designation of Person Certifying

REGISTERED and SEALED this .................day of ..........20...... Seal ...................

LAND REGISTRAR
Name: ........ ... Registrar's Stamp / No.................................
Signature: .......................................
DRAWN BY: - Notes: * Insert full name(s) registration number(s) registered office and address,
as applicable. ** Insert currency, amount, and other consideration where applicable. ***Delete
whichever is not applicable. ****The person attesting the signature must authenticate the
coloured passport size photograph, National ID Number and Tax PIN Number."

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 iii. Transfer by personal representative to third party
Transfer by a personal representative to a purchaser or a third party shall be in Form LRA 43.
The transfer shall be supported by the following documents;
(a) a copy of the grant of letters of administration or the grant of probate, duly certified by the
Court;
(b) a copy of the certificate of confirmation of the grant of letters of administration or the grant
of probate, duly certified by the Court;
(c) the certificate of title or the certificate of lease of the parcel;
(d) where applicable, a land rent clearance certificate;
(e) a land rates clearance certificate;
(f) where applicable, the consent of the head lessor;
(g) any other consent required for registration unless a particular consent has been endorsed on
the instrument of transfer; and
(h) any other document as may be required under the Act, these Regulations, or any written law.

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SAMPLE FORM LRA 43
REPUBLIC OF KENYA
THE LAND REGISTRATION ACT
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
________________________________________________________________________
Date Received ................................. Presentation Book No.............................. Official Fees Paid Kshs.
_______________________________________________________________________
TRANSFER BY PERSONAL REPRESENTATIVE TO PURCHASER
TITLE NUMBER: .................
Date

Deceased Proprietor *
Date of Grant of Will/Letters of
Administration
Date of Confirmation Transferor as Personal
Representative of the Estate of the Deceased
Transferee(s) as Purchaser *

1. The Transferor(s) as Personal Representative(s) of the above noted Deceased HEREBY

TRANSFER(S) the interest of the Deceased in the above Title
2. The Transfer is subject to the following:
(a)The provisions of The Land Registration Act, 2012 (No 3 of 2012) and The Land Act, 2012
(No 6 of 2012).
(b)The interests noted in the Register of the Title.
3. The Transfer is also subject to the following additional provisions, if any:
4. The Transferee(s) declare that he/she/they shall hold the land as joint proprietors/as proprietors
in common* in the following undivided shares: -
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION
SIGNED as a deed by the Transferor in the Coloured Photograph
presence of: - .............................................. ID / Passport Number .........................
Name and signature of person certifying PIN No................................
signature/Thumb print.............................

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Certificate of Verification
I CERTIFY that the above-named .................................................. appeared before me on
the ................... day of ........................ 20.... and being known to me/being identified
by***................................. of ........................... acknowledged the above signatures or marks
to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument
and understood its contents.
..................................
Name and signature of person Certifying

SIGNED as a deed by the Transferee in the Coloured Photograph

presence of: - ........................................... ID / Passport Number .........................
Name and signature of person certifying PIN No................................
Signature/Thumb print.............................

Verification of execution pursuant to Section 45 of the Land Registration Act

I CERTIFY that the above-named .................................................. appeared before me on
the ................... day of ........................ 20.... and being known to me/being identified
by***................................. of ........................... acknowledged the above signatures or marks
to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument
and understood its contents.
....................................
Name and signature of person Certifying

REGISTERED and SEALED this ............ day of ...................... 20...

Seal...........................................................
LAND REGISTRAR
Name: ........................................ Registrar's Stamp/No........
Signature: ..................................................
DRAWN BY:
Notes: * Insert full name(s) registration number(s) registered office and address, as applicable.
**Insert currency, amount, and other consideration where applicable. ***Delete whichever is not
applicable. ****The person attesting the signature must authenticate the coloured passport size
photograph, National ID Number and Tax PIN Number.

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SUMMARY OF THE STEPS AND FORMS REQUIRED
FORM PURPOSE
1. LRA 38 Removal of name of deceased from register
2. LRA 39 Application to have personal representative
registered as administrator or executor
3. LRA 40 An application by personal representative not
noted on the register
4. LRA 42 Transfer by personal representative to
beneficiary
5. LRA 43 Transfer by personal representative to
purchaser or third party.

Summary of the Process

Application of
Transfer by
personal
Application for Grant of Probate personal
represenative to
Death of grant of letters of or Grant of representative to
Death certificate be registered as
deceased administration or letters of beneficiary
administrator or
grant of probate Administration under Form LRA
executor under
42
Form LRA 39

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