Asked by KENZtck on 07-06-2024 12:01:07
Question posted in the Family Law category relating to Mpumalanga

Dear Sir/Madam

We are 5 siblings in my family:

third and forth born: one fatherfirst( Epileptic and classified as disabled) and second born : one fatherlast born : his father married our mother

our story:

 We moved into our four roomed house when we were only 4 siblings years before our mother started dating our step dad who eventually moved in with us and in 2012 were blessed with our last born sibling . i then extended our house from a 2 bedroom into a 6 bedroom house for all to have own bedrooms & privacy.Our mother died in 2018 and our family house was registered under her name 

Our mother died in 2018 and our relationship especially amongst  myself and number 2 & 3 took a dive. no one was prepared to stay with our epileptic brother so I had to bring him to my house which is around 180 kms away from home.

our step dad died last year November which left our family house still registered under our mother.

Number 2 sibling is occupying that house with his wife and kids .  we are in a situation where the three of us ( number 1,2 and 5) feel that we shoul sell the house and split the money into five .

we are planning to buy a new sight and build our brother a house of his own as our greatest fear is what will happen in the event i die and my wife and kids refuse to stay with my brother

what would be the best way to resolve above

thanks for your advice and assistance

Further information relating to Question:

above that number 2 sibling took my stepdad's car that he sent us to buy and registered it under his name . he doesn't wanna surrender it to number 5 sibling who's the biological child of our step dad

Posted by Att. Patrick on 07-06-2024 12:22:18

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.

You say that your Mom died in 2018 and that the house was previously registered in her name. My question is whether her passing was reported to the Master of the High Court and whether there was an executor appointed to deal with her estate?

Good afternoon Patrick

it wasn't registered

I couldn't intervene at the time as she was still married to my step dad and he was still alive

Posted by Att. Patrick on 07-06-2024 15:07:13

Then I think that you need to deal with your late Mother's estate now, with the Master, so that the property can be transferred properly. Otherwise, the property will sit in your late Mother's name forever! You need to report her estate to the Master, and hopefully you can apply to be the executor of her estate.

THANKS