im the only chid who inherited my mother...

Asked by the Customer on 11-09-2016 17:06:32
Question posted in the Property Law category relating to Gauteng

im the only chid who inherited my mothers house when she past on.but it

is still under her name...where can i start to fix the paper work?

Message from the Attorney

Posted by Att. Patrick on 11-09-2016 22:29:25

Hi there and thank you for your question,

So from what I understand, when your Mom passed away her wish which was contained in her Will was recorded against the Title Deed of the property, and this happened some time ago, and everyone was happy with it, and since then you need some money and want to sell your 1/3rd share in the property and this Title Deed restriction is a problem.

Firstly, you don't need any written agreement in respect of the property, as the Will clearly states that you are only entitled to the property if you continue to use it as a family home.

In my opinion, there is nothing in the Will which would limit ALL of the siblings' rights to sell the property to somebody else and the Title Deed restriction would thereafter be removed from the Title Deed.

In my opinion, there is also nothing in the Will which would limit YOUR right to sell your 1/3rd share in the property to one of your other siblings.

This is now assuming of course that the property is actually registered in the siblings' names ... can you check that? Perhaps the property is registered in the estate late account of your Mom, or in some sort of testimentary trust which was established in terms of your Mom's Will? 

If you can check that point, I could try answer the remaining questions.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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Message from the Attorney

Posted by Att. Patrick on 12-09-2016 11:52:05

Hi there,

I'm just following up on this question in case you didn't yet see my answer.

Please let me know if you're happy with the answer, or if you need further clarity?

Thanks!

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