Mr. Kitita died without writing a will. When his family and clan sat down to elect who would be the Administrator of his estate, his brother, Kilala was chosen. Kilala went through the entire legal process and was named the Administrator of the Estate of the late Kitata. When Mr. Kitata started distributing the property, he distributed all of Mr. Kitata’s property including the house in which he, his wife and children lived in.
IS SUCH A DISTRIBUTION LEGAL IN THE EYES OF THE LAW?
According to the Ugandan Succession Act, the place of residence occupied by the deceased (person who died) before his or her death as his or her home should be occupied by the wife or husband, and any children, who were normally living there. This place, where the ‘Late’ Kitata used to stay with his family is what is called the residential holding.
So, if a person dies without writing a will, then the law says that the residential holding(home) should not be part of the property that is to be distributed. The family of the person who died should be left to live in that home. Kilala giving away the residential holding of the late Kitita was therefore illegal in the eyes of the law.
WHAT LEGAL REMEDY IS AVAILABLE TO LATE MR KITITA’S?
If like Mrs. Kitata you find yourself with the same problem, then we suggest that you visit the court and sue the person who is taking the residential home for the unlawful distribution of the property on the basis that like Mrs. Kitata, the late Kitata’s residential holding was given away and yet it is where her and her children live.
If you have any legal questions with regard to the distribution of residential property, succession or any other legal inquiry, please feel free to contact us through the Facebook inbox, email at firstname.lastname@example.org, twitter @barefootlawug or call us on 0392177405 during work hours
Source:Barefoot Lawyers- Uganda