Hi Clare sorry for delay but I cant seem to reach my mom , so until I do I am not able to help you right now. What further detail do you mean? This is SA law we are dealing with. So not sure if you can be of help? Please let me know. Thanks Bess
Hi John sorry for the delay but I have only just got hold of my mom. She states that both parties ie my dad and her had to sign consent papers in the supreme court in Port Elizabeth that consent for the divorce was given by my dad on condition my mom relinguish ownership of of the house that they lived in to his mother .Such transfer to take place asp after the payment of 12500 rand was paid. the defendant would be responsible for payment of transfer to the defendants mom.. that payment never happened. His mother died 1994 and dad died now. he had a hand written will that master of court excepted leaving the property to my brother. apparently on the deeds it stamped transfer cancelled in 1984. My mom still has deeds in her name. So who inherits the property?
Hi John The deeds are still as I repeat in my moms name. My dad never followed thru on the transfer or court order and the funds for transfer never paid. So cancelled in 1984, by who? but in deeds document. My mom is alive as you should have gathered. The deeds have never been in his name, previously his mom or dad and they were signed to mom in 1971 because my dad was a financial liability. To. keep property from being taken in the future. You cannot give a property away if you have never owned it ??? So this is the problem. What is the outcome and who inherits the property? he has lived there since she left. May be your answer will do justice. Many thanks Bess Fenn
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Hi John thank you for that. She is shocked to know that and wants to know in drawing up her will what does she say with regards ***** *****? We were to understand, that as a condition for a divorce, she gave up ownership of property. So how can she suddenly get it back, if that was condition for the divorce? This as we know was in the supreme court. Still confused. Kind regards Bess
Hi John that was a quick response. Just to let you know that I am very impressed. He did pay her 12500, but did not follow thru with the transfer, as that would have been a further some of about 20000 rand. So maybe that could change your answer?? She may not inherit property? Even if she owns the deeds. She did relinquish them as part of settlement. Bess
Hi John one last thing that is bothering me, is that i did say that the written will had been submitted to the court and accepted.My brother assumes and claims that the property is his and has started renovating it to make it more habitable for tenants. Which is a problem if you say the property is my moms to claim. What should she do? Cos if property hers to claim he is wasting money on a property that hopefully is not his and is trespassing illegally. Please help? Regards Bess
would she have to do this thru her lawyer? Who is the executor of the will? How would she find out without having to go thru my brother? She wants to avoid confrontation. Where you from by the way and where you based? Just curious being a fellow SA. Bess
Many thanks for your advice. I hope this wont get nasty?? I shall advise mom. Thank you again. Kind regards
PS George is beautiful