Good dayDue to my retired parents’...

Asked by Rob on 07-08-2023 16:08:37
Question posted in the General Law category relating to Western Cape

Good day

Due to my retired parents’ in-law financial situation in 2009 they were forced to sell their house to pay off all their dept. They are only getting a government pension and had no place to stay. My husband’s siblings were not able to help at all, financially or in any other way. After all debt were settled, they had less than a million rand left. They were destitute but did not want to rent a place to stay. This would have depleted they resources in a short period of time.

We offered for the interim for them to move into our house until a suitable solution can be found.Various avenues were investigated. They could not buy a small apartment or go to a retirement establishment. There would not have been any money to buy food or to live from.Another option of renting an apartment was an option, but the minimum rental we could find in those years was R5000 + levies per month. This would work in the short term but would in a couple of years depleted the little money they have left.After very careful consideration it was decided by all of us to extend our property with an attached “granny flat”. My parents’ in-law decided to gift R300k to my husband to help towards building a granny flat. We had to take out a second bond on our property to make this all happen. With the then city building laws and by-laws a free-standing building was not possible, so we decided to make the changes and additions we always wanted to do on our house, to be able to build an attached granny flat within the building laws and bylaws. The building project took from start to finish 10 months of which my parents’ in-law stayed in our house at no cost. Once completed they have been living in the granny flat for free with free internet etc only paying for the water and electricity they used each month.There was no formal agreement put on paper. Only a verbal agreement that they can live in the granny flat for at least 10 years or until such time as we want to move or sell the house.Can my husbands’ siblings lay any claim against us to the money gifted towards building a granny flat?My parents’ in-law has been living for free and lots of maintenance have been done to the granny flat over the years with no compensation/reimbursement.I would like to know what rights do we have? This property is in my name, so it belongs to us for over 22 years.If we sell our house, can they, my husband’s siblings or any other person claim or demand any money from the sale of our house? 

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