Form LRA 38 - Application for the Removal of the Name of a Deceased Joint Proprietor from the Register

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Document Overview

Form LRA 38 is an official form prescribed under the Land Registration Act and the Land Registration (General) Regulations, 2017 in Kenya.

It is used when one of the registered joint proprietors of land has passed away. The surviving joint proprietor(s) apply to the Land Registrar to have the deceased’s name removed from the register so that the surviving proprietor(s) become the sole owner(s) of the property.

The primary purpose of this form is:

1. To update land records by removing the name of a deceased joint proprietor.
2. To legally vest ownership solely in the surviving joint proprietor(s).
3. To ensure clarity of title and prevent disputes, fraud, or confusion regarding ownership rights.
4. To allow the surviving joint proprietor(s) to freely transact (sell, lease, mortgage, or transfer) the land without requiring the deceased’s details

Key Components
1. Title Information
- Title number of the property.
- Date of application.
2. Joint Proprietors’ Details
- Names and addresses of both the deceased and surviving joint proprietors.
3. Applicant (Surviving Proprietor) Declaration
- A statement applying for removal of the deceased’s name.
- Production of a certified copy of the death certificate.
4. Execution by Surviving Proprietor(s)
- Signature, National ID number, KRA PIN, and passport-size photo of the surviving proprietor(s).
- Signed in the presence of a certifying officer.
5. Certificate of Verification
- Certification by an authorized officer (e.g., advocate, notary, Land Registrar) confirming: Identity of the surviving proprietor(s) and Free and voluntary execution of the form.
6. Land Registrar Section
- Registration, sealing, and endorsement by the Land Registrar.
7. Drawn By
- Details of the person who prepared the form (often an advocate).

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Form LRA 38 - Application for the Removal of the Name of a Deceased Joint Proprietor from the Register

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