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".
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Good luck and best regards,