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Ask Mike Otis Your Own Question
Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2161
Experience:  B.Comm; LL.B; LL.M.
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hi .. can occupational rent be charged in the case of a deceased

Resolved Question:

hi .. can occupational rent be charged in the case of a deceased estate where one of the beneficiaries was already occupying the premises? if so , should it be charged from the date of death of the deceased or the date of offer to purchase the property ? must the agreement be set out in writing ?
Submitted: 6 years ago.
Category: South Africa Law
Expert:  Mike Otis replied 6 years ago.
Welcome, and thank you for your question.

Please clarify:
1. On what basis was the beneficiary occupying the property at the time of the deceased's death?
2. Who is purchasing the property?

Your faithfully,
Customer: replied 6 years ago.

I am his youngest son who had been transferred to work in Durban and I have decided to purchase the house. At our first meeting with the executor it was agreed to transfer the house onto three beneficiaries names but this was changed approx 1 year later and I was placed in a situation of being evicted by other beneficiaries if I decided not to pay occupational rent .I needed to secure my family with a roof over their heads and had to consent to purchase the house

Expert:  Mike Otis replied 6 years ago.
Basically, occupational rent will only be payable in terms of the deed of sale and from such time as determined in the deed of sale. If the deed of sale does not provide for such occupational rent to be paid, then the purchaser (you) cannot be held liable for it. If you have a deed of sale in place, you can also not be evicted by anyone, unless you breach the contract and it is cancelled.

Yours faithfully,
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