If you mean Kenya, the sale does not automatically become impossible just because the land seller dies before signing the transfer documents. However, the process usually shifts from an ordinary land transfer to dealing with the deceased seller’s estate.

What happens

1. The deceased cannot sign the transfer.Once the registered owner dies, a relative cannot simply sign the transfer on their behalf. The person who can deal with the land is generally the deceased’s legally appointed personal representative (executor or administrator). Under section 61 of the Land Registration Act, a personal representative can be registered by transmission after producing the appropriate grant. (Kenya Law)
2. The buyer’s position depends heavily on the evidence of the saleIf you already have a signed sale agreement, proof of payment, receipts, correspondence, possession documents, consent documents, or other evidence that the deceased agreed to sell the property, these can help establish the buyer’s claim against the estate.

   The situation is considerably different if there was only a verbal agreement or negotiations and nothing was signed.

3. The deceased’s estate normally has to go through successionThe executor/administrator obtains the relevant grant of representation. Land belonging to the deceased can then be dealt with through the estate. Kenyan land-registration rules provide for a transfer by a personal representative to a purchaser or other third party after the relevant succession requirements are met. (Kenya Law)
4. Confirmation of the grant is particularly importantThe Land Registration (General) Regulations provide that, generally, a transfer of an interest in land belonging to a deceased proprietor cannot be registered until the grant of probate or letters of administration has been confirmed. (Kenya Law)
5. The administrator may ultimately sign the transferOnce the succession process reaches the appropriate stage, the personal representative can execute the necessary transfer documents on behalf of the estate. The regulations specifically provide for a transfer by a personal representative to a purchaser or other third party. (Kenya Law)

A simple example

Suppose:

• You agreed to buy land for KES 10 million.
• You signed a sale agreement with the registered owner.
• You paid the agreed deposit or even the full purchase price.
• Before the transfer was signed/registered, the seller died.

The land does not automatically revert to you, but the seller’s death does not necessarily wipe out your contractual claim either. The estate must be administered, and the buyer’s claim can potentially be dealt with during the succession process.

If the estate’s administrator refuses to honour a genuine prior sale, the buyer may need to seek appropriate orders from the court rather than simply attempting to transfer the title at the Lands Registry.

What you should do immediately

If this is an actual transaction, gather:

• The sale agreement
• Original title/copy of title
• Proof of every payment made
• Bank/M-Pesa receipts
• Any acknowledgement signed by the deceased
• Land Control Board consent, if applicable
• Completion documents
• Searches conducted on the property
• Correspondence/WhatsApp/email concerning the sale
• Evidence of possession, if you were given possession
• Death certificate, if available
• Details of the deceased’s executor/administrator
• Any existing succession cause number

Do not pay the deceased’s relatives simply because they say they are heirs. Until the estate is properly represented, you need to establish who has legal authority to deal with the land.

There is also an important distinction between “the seller died after signing the sale agreement” and “the seller died before signing any sale agreement.” The legal position can be substantially different.

If you tell me whether the seller had already signed the sale agreement, how much you paid, whether you have possession, and whether the title is still in the deceased’s name, I can explain the likely procedure step-by-step in Kenya, including what happens at the Succession Court, Land Control Board, and Lands Registry.