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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15601
Experience:  L.LB (UOVS)
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I am I have lost the title deed of my late fathers estate

Customer Question

I am maria I have lost the title deed of my late fathers estate and now family members are trying to evict me out of the house that I have lived in my whole life and looked after my father until he passed I have contacted lawyers who want to charge me R17060 I do not have the money please help me with advise
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good Morning

Do you mean the title deed, or do you mean the will?

Customer: replied 1 year ago.
There is no will and we do not have the title deed. I have my fathers Death certificate I was living with my father when he passed away. My sister and her daughter is now laying claim to the property .
Expert:  WCLawyer replied 1 year ago.

Was the estate ever reported at the office of the Master?

Customer: replied 1 year ago.
it was
Expert:  WCLawyer replied 1 year ago.

What is the value of the estate with reference to the inventory that you had to supply to the Master?

Also, how are they trying to evict you? Did they apply to court?

Customer: replied 1 year ago.
R100 000 is the value they have not applied through the court but they are threatening with legal action, and I need guidance of where to get the title deed copies how much it will cost and also how to legally get the house on my name as there was no will. what is the procedure in the case of no will? I have been living in that house my whole life since 1976.
Expert:  WCLawyer replied 1 year ago.

Okay.

1. Since there was no will, the estate is to be distributed in terms of the Intestate Succession Act. There is a whole list of scenarios that exist, depending on which relatives is still alive. If your father was married at the time of his death, then the whole of the estate will go to his wife. If he was not married, then the house will be divided between his children in equal shares. This means that both you and your sister and if you have other siblings, them too, would inherit the house.

2. From the above it should be clear that you would not be able to get the house in your name only. Neither would your sister. Her daughter would have no claim whatsoever. The transfer of the property must go through a conveyancer. For a property of R 100,000.00 however, the cost is most definitely not R 17,000. It should be a lot less. Closer to R 8,000 - R10,000. So shop around for attorneys.

3. Your sister and her daughter can threaten all they like, but they are not going to succeed with legal action to evict you from the property. Only the owner or someone placed in control of that property by the owner or the Municipality may evict people. So, they have no legal standing to bring an application like that.

You can ask the Legal Aid Board for assistance with the disputes between you and your sister and you can ask the Master of the Court or the person designated for it in your Magistrates Court to assist you with the administration of the deceased estate. You can ask the Law Society in the province that you live for assistance in appointing a pro bono attorney to transfer the property. There is still going to be expenses, such as the deeds office fees and suchlike, but those are probably going to come to R 1,000 - R 2,500.

I hope this helps you a little bit, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.

Customer: replied 1 year ago.
thank you I don't know here to turn anymore, I already gave R5000 to another lawyer that did not help me and his offices closed down. I will contact the law society for a contact. what documents must I take with me?
Expert:  WCLawyer replied 1 year ago.

I would suggest you rather take everything you have. Let them decide what is relevant and what not.