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3 Pages<123>
What is a greencard in relation to ownership of land?
MugundaMan
#21 Posted : Wednesday, November 07, 2018 4:42:04 PM
Rank: Veteran


Joined: 1/8/2018
Posts: 1,885
Location: DC (Dustbowl County)
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.



I would run like the wind from this deal, baba. When you have all these shidas from the jump it never seems to end well.
"The fool says in his heart, "There is no God." - Psalm 14:1**Dustbowl County is the Future of Kenya. Join us investing here or perish!!****On Vacation until Jan 1st 2020**Current NSE holdings:ZERO. Next planned re-entry into the NSE: 2052
Swenani
#22 Posted : Wednesday, November 07, 2018 4:43:52 PM
Rank: User


Joined: 8/15/2013
Posts: 13,038
Location: Vacuum
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.


ANY property contested by family members is a no go zone. Whether it's a rumuor or not.

Sworn affidavit doesn't help you
Poverty is the root of all evil
tinker
#23 Posted : Wednesday, November 07, 2018 6:22:46 PM
Rank: Member


Joined: 11/15/2010
Posts: 371
Location: Nairobi
Registrar is declining to issue a copy of a certified Green card to an advocate.
Is it true that it can only be issued to CID or Courts?.

....He who began a good work in you will carry it on to completion..
Gathige
#24 Posted : Wednesday, November 07, 2018 6:38:31 PM
Rank: Veteran


Joined: 3/29/2011
Posts: 2,074
MugundaMan wrote:
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.



I would run like the wind from this deal, baba. When you have all these shidas from the jump it never seems to end well.


When It comes to Land, if in 1% doubt, don't touch. Have you not read about Koinanges Estate case which has been in court for over thirty years simply trying to define who is a wife. Sembuse wewe.


"Things that matter most must never be at the mercy of things that matter least." Goethe
whiteowl
#25 Posted : Wednesday, November 07, 2018 6:44:57 PM
Rank: Veteran


Joined: 4/16/2014
Posts: 1,356
Location: Bohemian Grove
MugundaMan wrote:
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.



I would run like the wind from this deal, baba. When you have all these shidas from the jump it never seems to end well.


Family land fights can get bloody, for your own safety and peace of mind ,go and buy a different piece of land.
FRM2011
#26 Posted : Wednesday, November 07, 2018 8:46:16 PM
Rank: Elder


Joined: 11/5/2010
Posts: 2,379
tinker wrote:
Registrar is declining to issue a copy of a certified Green card to an advocate.
Is it true that it can only be issued to CID or Courts?.

heard the same too. Apparently it's an internal document under the registrar's custody.
FRM2011
#27 Posted : Wednesday, November 07, 2018 8:57:08 PM
Rank: Elder


Joined: 11/5/2010
Posts: 2,379
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

number 1 is a non-issue. The sale agreement alone has a time clause. Once 90 days are over, the buyer's only recourse is to get a refund if the same was in the agreement.
2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.

once bought a property with similar issues in nyeri. My advocate started with confirming the letters of administration. Both the grant and the confirmation after 6 months at the high Court registry. From there, we managed to get a meeting with the Registrar who confirmed the documentation in the green card is okay. Also visited two neighbours. Carried some shopping and they gave me the whole history and the battle between the co-wives. Once I got the consent from the LCB, we did the transfer and I went to fence and Connect both water and kplc instantly. One of the sons came with a bodaboda and found an army of workers and myself chatting with the neighbours. Once you are secured legally, send a message you are no pushover.

MugundaMan
#28 Posted : Wednesday, November 07, 2018 9:10:50 PM
Rank: Veteran


Joined: 1/8/2018
Posts: 1,885
Location: DC (Dustbowl County)
FRM2011 wrote:
tinker wrote:
Registrar is declining to issue a copy of a certified Green card to an advocate.
Is it true that it can only be issued to CID or Courts?.

heard the same too. Apparently it's an internal document under the registrar's custody.



Not true! One can ask for certified copy of greencard. No law against it!
"The fool says in his heart, "There is no God." - Psalm 14:1**Dustbowl County is the Future of Kenya. Join us investing here or perish!!****On Vacation until Jan 1st 2020**Current NSE holdings:ZERO. Next planned re-entry into the NSE: 2052
Tokyo
#29 Posted : Tuesday, September 10, 2019 1:56:05 PM
Rank: Veteran


Joined: 10/9/2006
Posts: 1,412
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?
work to prosper
sparkly
#30 Posted : Tuesday, September 10, 2019 10:33:12 PM
Rank: Elder


Joined: 9/23/2009
Posts: 7,210
Location: Enk are Nyirobi
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


Sounds like a money laundering scheme.
Life is short. Live passionately.
Gathige
#31 Posted : Wednesday, September 11, 2019 1:28:12 AM
Rank: Veteran


Joined: 3/29/2011
Posts: 2,074
sparkly wrote:
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


Sounds like a money laundering scheme.



Sounds a very complex transaction between a father and a son.
"Things that matter most must never be at the mercy of things that matter least." Goethe
Tokyo
#32 Posted : Wednesday, September 11, 2019 9:13:15 AM
Rank: Veteran


Joined: 10/9/2006
Posts: 1,412
sparkly wrote:
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


Sounds like a money laundering scheme.


A sudden good deal while I was not physically able to be there.
work to prosper
kawi254
#33 Posted : Wednesday, September 11, 2019 9:37:56 AM
Rank: Member


Joined: 2/20/2015
Posts: 328
Location: Nairobi
Tokyo wrote:
sparkly wrote:
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


Sounds like a money laundering scheme.


A sudden good deal while I was not physically able to be there.


Make haste. Under inheritance law it can get messy and you end up sharing that land with your siblings. Hopefully you also have proof of money you sent to your father to buy the land so that it cannot be contested that it was a gift from your Father.
NewMoney
#34 Posted : Wednesday, September 11, 2019 12:21:08 PM
Rank: New-farer


Joined: 3/1/2019
Posts: 86
Location: Nairobi
kawi254 wrote:
Tokyo wrote:
sparkly wrote:
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


Sounds like a money laundering scheme.


A sudden good deal while I was not physically able to be there.


Make haste. Under inheritance law it can get messy and you end up sharing that land with your siblings. Hopefully you also have proof of money you sent to your father to buy the land so that it cannot be contested that it was a gift from your Father.


I am no lawyer but I think they should be able to do a regular conveyancing buyer-selller agreement without any money exchanging hands as long as it is stated in the agreement why so. Am sure if the OP checks with a lawyer they will get a simple solution since there are no conflicts in the deal
wukan
#35 Posted : Wednesday, September 11, 2019 2:06:13 PM
Rank: Veteran


Joined: 11/13/2015
Posts: 1,183
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


if you avoid the 50 bob-per-stamp lawyers that wazuans fancy you can get one who will get you stamp duty exemption and get you the transfer to a company.
MugundaMan
#36 Posted : Wednesday, September 11, 2019 2:23:58 PM
Rank: Veteran


Joined: 1/8/2018
Posts: 1,885
Location: DC (Dustbowl County)
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


Why did you register in your father's name to begin with. Ulikuwa unataka kuficha assets? Or avoiding ushuru?

It will be exempted from stamp duty if daddy is one of the co-owners of the company. If not, ushuru utalipa my buloddah. Process is just the same as any other land transfer between two parties IMHO.
"The fool says in his heart, "There is no God." - Psalm 14:1**Dustbowl County is the Future of Kenya. Join us investing here or perish!!****On Vacation until Jan 1st 2020**Current NSE holdings:ZERO. Next planned re-entry into the NSE: 2052
Kusadikika
#37 Posted : Wednesday, September 11, 2019 5:27:42 PM
Rank: Elder


Joined: 7/22/2008
Posts: 2,570
NewMoney wrote:
kawi254 wrote:
Tokyo wrote:
sparkly wrote:
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


Sounds like a money laundering scheme.


A sudden good deal while I was not physically able to be there.


Make haste. Under inheritance law it can get messy and you end up sharing that land with your siblings. Hopefully you also have proof of money you sent to your father to buy the land so that it cannot be contested that it was a gift from your Father.


I am no lawyer but I think they should be able to do a regular conveyancing buyer-selller agreement without any money exchanging hands as long as it is stated in the agreement why so. Am sure if the OP checks with a lawyer they will get a simple solution since there are no conflicts in the deal


Until Tokyo discovers that his dad has another wife who he did not know aboutsmile smile I think wives have to sign that the property is not matrimonial property before a transfer can be effected or if it is matrimonial that they are OK with everything......or does this only apply to the property the family is residing in?
hardwood
#38 Posted : Wednesday, September 11, 2019 5:38:34 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,328
Location: Rodi Kopany, Homa Bay
Kusadikika wrote:
NewMoney wrote:
kawi254 wrote:
Tokyo wrote:
sparkly wrote:
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


Sounds like a money laundering scheme.


A sudden good deal while I was not physically able to be there.


Make haste. Under inheritance law it can get messy and you end up sharing that land with your siblings. Hopefully you also have proof of money you sent to your father to buy the land so that it cannot be contested that it was a gift from your Father.


I am no lawyer but I think they should be able to do a regular conveyancing buyer-selller agreement without any money exchanging hands as long as it is stated in the agreement why so. Am sure if the OP checks with a lawyer they will get a simple solution since there are no conflicts in the deal


Until Tokyo discovers that his dad has another wife who he did not know aboutsmile smile I think wives have to sign that the property is not matrimonial property before a transfer can be effected or if it is matrimonial that they are OK with everything......or does this only apply to the property the family is residing in?


Valuation will also be done and stamp duty paid.
Angelica _ann
#39 Posted : Wednesday, September 11, 2019 6:25:37 PM
Rank: Elder


Joined: 12/7/2012
Posts: 10,791
wukan wrote:
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


if you avoid the 50 bob-per-stamp lawyers that wazuans fancy you can get one who will get you stamp duty exemption and get you the transfer to a company.


Life is never a straight line and that serious. That was for a specific thing and which doesn't even make sense to the many persons out to salvage the little left of their investments. If you see the place, that lawyer is actually doing CSR work to the clients.

Of course the guy will charge you the normal fees when it comes to 'real' transactions.
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
Tokyo
#40 Posted : Thursday, September 12, 2019 12:20:46 AM
Rank: Veteran


Joined: 10/9/2006
Posts: 1,412
MugundaMan wrote:
Tokyo wrote:
I bought land and registered under my father’s name.
Currently ,legal Ownership is my father while I financed.
He want now to transfer to me.
What’s the process and requirements of transferring land from
a parent to a company wholly owned by one of the Sons?


Why did you register in your father's name to begin with. Ulikuwa unataka kuficha assets? Or avoiding ushuru?

It will be exempted from stamp duty if daddy is one of the co-owners of the company. If not, ushuru utalipa my buloddah. Process is just the same as any other land transfer between two parties IMHO.


The seller had an urgent issue where he was willing to sell a prime land at a throw years ago . The deal was good. I happened to be overseas. It’s very common especially with Diaspora community. Nothing sinister.
work to prosper
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