How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CaseLaw Your Own Question
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1509
Experience:  BCom; LLB; Masters in Law
31036262
Type Your South Africa Law Question Here...
CaseLaw is online now
A new question is answered every 9 seconds

My late Mother was Robbed of her RDP house by some family

Customer Question

Hi I am Thami ***** my late Mother was Robbed of her RDP house by some family member's I have a letter of authority and a Title deed the title deed belonged to my late Mother I'm the one and only she had no siblings .the thing is it's been More than ten years the Municipality can't help but the people in the house claim to have bought it from them Please help.

Submitted: 6 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 6 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

What you need to do is to approach a conveyancing attorney to do a search at the Deeds Office to see who is the legal and registered owner of the property at the moment. I am afraid that I am not allowed to refer you to a specific conveyancing attorney, however I can suggest that you can locate a suitably qualified attorney in your area who will be able to assist you with your query at www.southafricanlawyer.co.za

If the report says that your late mother is STILL the registered owner of the property, then you need to find out if your late mother's estate was actually wound up by the Master of the High Court, and whether her assets were distributed according to her Will.

If the estate was never wound up, you will need to report her death to the Master of the High Court and ask that you are appointed as the executrix of the estate. You will then need to wind up her estate.

If these people allege that they bought the house, then they will need to prove that there is a WRITTEN sale agreement signed by your late mother, and they will need to prove that they paid her the purchase price. Their claim would have prescribed since it is more than 3 years old.

At the end of the day I am quite confident that you would be able to get the property back, but it will take quite a lot of work on your side - and a bit of investigations!

Could you not speak to the Street Committee and ask them to get involved. They know that you can't just sell an RDP house unless you have the title deed. They can put pressure on the people who currently live there to provide answers as to how they came into the house.

If the property was registered in your late Mother's name, and she had the title deed, then these people could NEVER have bought the property from the municipality - so they are lying!

If you are able to afford an attorney to represent you in this matter, I would suggest that. My concern is that an attorney's charges could be quite a lot and he would not guarantee that you would be successful. That is why I suggest the Street Committee route.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Expert:  CaseLaw replied 6 months ago.

Hi there again,

I see that you've NOT yet read my answer. Do you still need assistance?

If you have a further questions please can you rate my answers above as positive; and then ask further questions if you need clarity on the answer provided.

Regards

CaseLaw

Related South Africa Law Questions