Can l sell my house without a burden plan. Verulam. The

When you say "without a burden plan", I assume that you mean "without approved plans" for the property.

To answer your question, Yes, you can sell a house without approved plans, but then you will need to disclose this fact to the purchaser. In fact, the estate agent's OTP might already have a standard clause which says that the seller promises that there are approved plans for the property. So if there are not, then you could be liable for the costs of preparing the plans.

If you wanted to be 100% above the law, you would either need to disclose this fact to the purchaser, or you would need to get plans drawn up for the property. Then, you could say that there are approved plans in place.

Remember, without approved plans the purchaser is at risk that the municipality might say that part of the property must be demolished if it is not build in accordance with plans.  Also, your insurance company might not want to insure the house if there are no approved plans. Finally, a purchaser might not be able to get financing to buy the property if there are no approved plans.

If the house is still on your Mom's and your late Dad's names, then what needs to happen is that the executor of your late Dad's estate must actually sell the property together with your Mom.

It won't be YOU who sells the property yourself.

Thank you so much for confirming. Let's continue chatting.

Please note that this is a question / answer website where we can assist you with legal questions. We can't represent you directly and we are not an ombudsman or such like.

Q: Can l sell the property stating that its a land sale with delapitated buildings? --> Yes, definitely. You can even sell the property as it currently is and say that there is a house constructed on the property but that you can't provide any approved plans for the house even though you know that plans were previously submitted many years ago.

Yes, you will need to first apply at the Master to be appointed as the executor for your late Dad's estate.

What documents will be required in the event of the value of the
estate exceeding R250 000?

• Completed Death Notice (afr or eng) form - J294 (pdf)
• Original or certified copy of the Death Certificate
• Original or certified copy of Marriage Certificate (if applicable) or acceptable proof of marriage, as requested by the Master. Marriage certificate/proof of registration of a customary marriage/ minutes of a family meeting where proof of registration of a customary marriage cannot be furnished /proof of religious marriage (Muslim or Hindu)/declaration confirming the existence of a same-sex life partnership (if applicable)
• A Declaration of Marriage by the Surviving Spouse indicating how the deceased was married
• All original wills and codicils or documents purporting to be such (if any)
• Completed Next-of-Kin Affidavit - J192 (if the deceased did not leave a valid will)
• Completed Inventory form - J243, showing all the assets of the deceased
• Nominations by the heirs for the appointment of an executor in the case of an intestate estate, or where no executor has been nominated in the will, or the nominated executor has died or declines the appointment.
• Completed Acceptance of Trust as Executor (eng) forms in duplicate by the person(s) nominated as executor(s) (form J190) plus a certified copy of the photo page of the executors ID document
• Undertaking and bond of security - J262 (unless the nominated executor has been exempted from providing security in the will, or is the parent, spouse or child of the deceased)
• If the deceased passed away before 2007: Affidavit by the next-of-kin of a deceased person who has died without leaving a valid will, to the effect that the estate has not already been reported to another Master or service point (if applicable)

Applying for the letters of executorship is FREE. However winding up the estate will have some costs involved. But not a lot at all. Maybe a couple of thousand of Rand.

do l still need wind up my dad's share for the process of executorship? --> Yes. You'll need to wind up his estate. 

Unfortunately, we can only assist you via this portal. If you are looking for a lawyer to represent you directly, you'll need to hire a private lawyer.

I am afraid that I am not allowed to refer you to a specific lawyer, however I can suggest that you can locate a suitably qualified lawyer in your area who will be able to assist you with your query at the following address:

Search through a list of 967 South African Law Firms, Lawyers and Attorneys by Firm Name and Area of Practice who operate in KwaZulu Natal

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