Part 1 : Conveyancing Practice and the Deeds Registries Act Flashcards
What is conveyancing in general? What does it deal with and what activities?
Chapter 1 - 1
It deals with immovable property. More specifically, the transfer, hypothecation, and other acts associated with immovable property. It is also the branch of law that deals with the preparation of documents associated with the lodgment, registration and signing of documents for immovable property.
The records of properties that conveyancers deal with are provided for in 2 documents. What are these documents?
Chapter 1 - 3
Information regarding the property in the title deed and diagram or general plan on which the property is plotted and filed in the office of the Surveyor-General.
What department in government does the deeds registry fall under?
Chapter 1 - 4 to 5
The Department of Rural Development and Land Reform.
Can a power of attorney be prepared by an attorney who is not a conveyancer?
Chapter 1 - 5
Yes, Regulation 44(1) allows for this.
What is the Act number and year for the Deeds Registeries Act
Chapter 1 - 6
47 of 1937
What is the difference between a RCR and CRC?
Chapter 1 - 7
RCR - Registrar conference resolution.
CRC - Chief Registrar’s circulars
There are 2 types are endorsements. Name them and explain each one?
Chapter 1 - 10
Factual endorsement, this is to correct an error such as name or extent of land and registration endorsement, this is to transfer ownership.
What is the difference between a diagram and a General Plan
chapter 1 - 9 to 10
A diagram is a single property whereas a General Plan depicts multiple properties and is generally used for a township development.
True or false : does a long term lease fall within the definition of immovable property.
chapter 1- 11
True - A lease will be regarded as a long term lease if over 10 years and will be regarded as immovable property.
What is the difference between a mortgagee and mortagor
Chapter 1 - 13
A mortgagee is the bank and the mortgagor is the owner who gives his property as security.
What are the three types of registers and supply details in respect of each?
Chapter 1 - 14
1) the Land register - registration of farmland and agricultural holdings 2) township register - titles in township erven 3) Sectional title register - deals with titles in sectional title units.
What 6 documents can the Registrar sign alone without a conveyance?
chapter 1 - 14
1) a certificate of registered title 2) a certificate of consolidated title 3) a certificate of uniform title 4) a certificate of township or settlement title 5) an expropriation transfer 6) a deed of transfer by order of Court.
Exam Question : What is the difference between a deed of transfer and a certificate of title?
Chapter 1 - 15
A deed of transfer is used to transfer property from one person to another and serves as proof of a person’s ownership. A certificate of title serves as proof of who the property owner is, but cannot be issued to transfer ownership.
Describe what a title deed is?
Chapter 1 - 15
A title deed is any deed that proves a real right in immovable property.. It can be ownership in the form of a deed of transfer, a debt in the form of a mortgage bond, a limitation on enjoyment in favour of someone else in the form of a servitude.
Note : In the exam, the rference to title deed is the deed of transfer.
Exam Question : Explain the difference between “attest” and “execute”
Chapter 1 - 15
Attest means you sign as witnesses and execute is done by the conveyance and registrar of deeds signing a deed.
What is the difference between trasnferor and transferee
Chapter 1 - 15
Tranferee is the one receiving the property (new owner), while transferor is the seller.
Exam Question : What do you understand by the terms “restrictive Real Right? Explain providing examples.
[3]
chapter 1-16
A restrictive real right is a right which limits rights of the owner.
1) Land which us subjec to a mortgage bond cannot be transferred without the bondholder’s consent. THe mortgage bond restricts alienation.
2) A servitude registered over land in favour of another person or another peice of land restricts the rights of the owner of that land.
wherein attending to the transfer it is important to obtain the Title deed as this will provide for any restrictions prohibiting the transfer or requiring the consent of the third party. name and give some examples of such restrictions?
Chapter 2 - 7 to 8
1) Pre-emptive right - This is a right created in favour of someone (usually the previous transferor) to buy the property back. If the pre-emptor refuses to exercise the right, the restriction falls away. 2) Restriction on Alienation - Consent from a third party for clearance. The Property may be subject to the consent of third party whose consent is required (I.e, homeowners association) 3) Reversionary Right, this is a condition in the title deed that on the happening of a certain event, ownership is to revert to another person.
Certain “Preliminary” documents are needed and which must be kept on file. Name these documents.
Chapter 2 - 9 to 11
1) Sale agreement 2)Computer printouts in respect of property and parties 3) Identity documents 4)Marriage Certificate 5) antenuptial contract 6)wherein a party is a juristic person, resolutions and founding documents such as memorandum of incorporation. 7) prescribes documents as provided for in Fica.
There are various affidavits and resolutions that are to be signed by the Seller, what are these affidavits and what other documents may be needed?
chapter 2 - 12
1) Affidavit regarding martial status 2) Affidavit that the seller is not insolvent, and if sequestrated, has been rehabilitated 3) Fica affidavit - in respect of the identity of the seller 4) Resolution in respect of a company 5) certificate from accounting office for juristic persons 6) Authority by seller - this is a document that allow the conveyance to settle debts from the proceeds from the sale. 7) Affidaivt re vender - affidavit that the seller is a VAT vendor. These affidavits are for record purposes and are not lodged.
Wherein you are drafting the deed of transfer, what documents will be needed?
1) Computer printouts, 2) Sale agreement, 3) Power of attorney 4) title deed.
Consent may be needed wherein you are transferring land, what kinds of consent are there?
1) title conditions - this is consent that is required in terms of the title deed and which can come in the form of consent from a homeowners association 2) legislation consent - an example is provided for in terms of the matrimonial Property act wherein the other spouse married in community of property is required to give consent.
Exam Question : Set out the steps to be taken as from the moment the Seller instructs you as a Conveyancer to attend to the transfer of the property registered in the name of the Seller up to the stage when the documents are ready for lodgement. The property is subject to a mortgage bond. The agreement of sale was drawn by an agent and has been signed. The purchaser has obtained a loan for an amount equal to the purchase price.
[6]
Chapter 2 - 24
1) Conduct a search in respect of property and parties to confirm details and whether any bonds or interdicts are registered against the property. 2) Ask for personal documents from the purchaser and seller. 3) Call for the title deed and guarantee requirements (cancellation figures) from the existing mortgage bondholder. 4) Prepare all transferring documents and call purchaser and seller in to sign. In addition, supply proforma accounts to the purchaser and the seller for deposits for costs. 5) Apply for clearance figures and clearance certificates for any third party whose consent might be needed (Homeowners association). 6) Call for guarantees from attorneys that are attending to the registration of the bond new bond. 7) when you receive the guarantees send same to the bond cancellation attorneys of the existing bond. 8) attend to simultaneous lodgment with the bond and cancellation attorneys.
What 5 documents are always lodged with a transfer?
Chapter 2 - 25
1) Deed of transfer 2) Power of attorney 3) Title Deed 4) transfer duty receipt (Tax for getting a house 5) Clearance certificate (Rates and taxes)
Give the 5 exceptions to when the title deed does not need to be lodged.
1) When done in the execution of the judgment and the sheriff cannot obtain the original title deed. Then the sheriff must certify in writing that he has been unable to obtain possession of such title deed. 2) transfer by an officer appointed in terms of an insolvency and such officer certifies that they cannot obtain possession of the title deed 3) An executor in terms of Section 56(1)(b) and such executor certifies in writing that he cannot obtain possession of such title deed 4) where the property is to be transferred by way of court order and the transferee declares that they cannot obtain possession of the title deed 5) by way of expropriation and the transferee declares that they cannot obtain possession of the title deed.
What are the requirements to trasnfer immovable property in our law?
1) it must be provided for in a deed of alienation (sale agreement) 2) it must be by means of deed of transfer signed by the registrar of deeds.
What are the formalities for an agreement of sale?
The alienation must be in writing and signed by the parties. As a minimum, at least the description of the property, parties, and purchase price is required. The only other cluase that must be added to an agreement of sale is the compulsory “cooling-off clause”
Explain the costs associated with the transfer and who is liable for costs wherein the contract does not make provision.
Chapeter 3 - 7
1) Transfer of the property (purchaser). However, if subject to the consumer protection act, then same will by presumption be for the seller 2) Estate commission (Seller) 3) rates and taxes, as well as levies (Seller)
Exam Question 1) add a suspensive condition that the agreement is subject to bond approval 2) add a suspension condition that the agreement is subject to the purchaser being able to sell his previous house. (this question was asked 4 times).
1)This agreement is subject to the purchaser being able to obtain a bond to the sum of no less than R50 000.00 within 21 days of the parties signing this agreement from a financial institution. Should the purchaser be unable to obtain such a bond, parties agree that this agreement shall lapse and that neither party shall have a claim against each other. 2) Parties agree that this agreement shall be subject to the purchaser causing his property, common known as 83 3rd Street, Northmead, Benoni, being sold within 90 days of selling this property, at the fair market value of R1 800 000.00. Should the purchaser find such a buyer, parties agree that this suspension condition shall be deemed as fulfilled. Parties further agree that the transfer of the purchaser’s property shall take place simultaneously with the transfer of the seller’s property.
Exam Question: Prepare a clause of a deed of sale with an outside offer.
1) notwithstanding anything in this agreement, the seller may, until all suspensive conditions are met, continue to market the property 2) should the the seller find an alternative purchaser the seller shall cause the new sale agreement to be sent to the purchaser within 7 days of signing same. 3) The purchaser shall be entitled to either waiver any conditions in his favour in terms of this agreement and declare this sale agreement to be unconditional or accept the terms as presented by the new purchaser as per the new sale agreement within 2 days of receiving the new sale agreement. 4) if the purchaser refuses to accept the terms of the new sale agreement, or give notice that he considers this agreement to be unconditional, this agreement shall be regarded as terminated and shall be of no effect.
Exam Question : Prepare a breach clause of a deed of sale.
Chapter 3 - 13 to 14
1)In the event that the Purchase fails to tender any deposit or purchase price, or secure a bond within the period as provided for herein, or adhere to any other terms as provided for in this agreement, the Seller may forward notice to the Purchase and give the Purchase 7 days to remedy such breach, failing which the seller may 1.1) demand specific performance, including the payment of any amounts required, as well as any loss incurred as a result of the breach 1.2) or cancel this agreement and claim damages 2) The Seller shall be entitled, in determining such damages, be entitled to 2.1) retain any deposits paid as rouwkoop 2.2) claim any additional damages incurred 2.3) claim vacate occupation from purchaser and demand that he vacate the property and give the Seller immediate possession. 3) The seller shall be entitled to recover any and all legal costs incurred as a result of the breach, which costs shall be on a scale as between attorney and client 4) If the purchase remains in occupation of the property, the Seller shall be entitled to claim levies, interest and rental occupation until the purchaser vacates the property. 5) Should the seller breach the agreement, the purchase shall be entitled to a full refund of his deposit and interest thereon.
Exam Question : Is it possible to enter into a deed of sale on behalf of a company yet to exist?
(Chapter 3-17)
Yes, in terms of section 21 of the Companies act 71 of 2008 a person can enter into a contact on behalf of a company yet to be incorporated. That company has the right to adopt the contract in whole, partially or conditionally ratify the agreement within 3 months after the company is incorporated. If the board fails to ratify the agreement, it will be deemed that they did ratify it it. A clause in the sale agreement should be included that if the company fails to adopt the contract or rejects it that the representative shall be substituted for the company and be held personally lible.
Exam Questions : Describe the purchase in the following: 1) a company to be formed 2) a CC to be formed 3) a trust to formed.
(Chapter 3-17)
1) John Smith on behalf of a company to be formed 2) as of the 1st of May 2011 it is no longer to register new close corporation, as such, it is not possible to act on behalf of a CC to be formed. 3) in terms of the Trust Property control act it is not possible to act on behalf of a trust until letter of appointment are issued.
Exam Question : Draft a provision in a contact to protect your client (seller) in a contract wherein the purchaser is a company to be formed. The purchaser is to be surety even once the company is formed.
(Chapter 3-17)
1) the purchase is a company yet to be incorporated, but will be incorporated within 30 days of this agreement and shall cause the adoption and ratification of this agreement upon its incorporation within 7 days. Despite this, the purchaser’s representative shall continue and shall remain as surety for the full performance of this agreement by the company yet to be incorporated and shall only be released from such surety upon the full performance by the company yet to be incorporated.
Should the company to be incorporated reject the purchase agreement, or fail to adopt and ratify this agreement, the representative shall remain liable for the full performance as required in terms of this agreement and shall be entitled to any benefit in terms of this agreement.
Exam Question : May an offer be signed by a person acting on behalf of a trust to be formed?
(Chaper 3-20)
No, the trust Property Control Act prohibits someone from acting on behalf of a trust until the master issues the letters of appointment. The agreement cannot be rectified by the trustees, Master or Courts.
Exam Question : Draft a provision in a contract to protect your client (seller) in a contract wherein the purchaser is a company to be formed. The purchaser is to be surety even once the company is formed.
(Chapters 3-17)
1) the purchase is a company yes to be incorporated, but will be incorporated within 30 days if this agreement and shall caused the adoption and ratification of this agreement upon its incorporation within 7 days. Despite this, the purchaser’s representative shall continue and shall remain as surety for the full performance of this agreement by the company yet to be incorporated and shall only be released from such surety upon the full performance by the company yet to be incorporated.
Should the company to be incorporated reject the purchase agreement, or fail to adopt and ratifiy this agreement, the representative shall remain liable for the full performance as required in terms of this agreement and shall be entitled to any benefit in terms of this agreement.
Exam Question : John wishes to enter into a deed of sale on behalf of a trust to be registered. Please advise what must take place in order to ensure that the transfer can take place.
(chapters 3 -20)
It is not possible to enter into a deed of sale on behalf of a trust to be registered. This is because a trustee can only act once the letters of appointment are issued. It is not possible to rectify this by the trustees, master or even the courts. As such, John will need to not only ensure that the trust is registered, but also that the letters of appointment are issued.
What are the 4 types of deeds of transfer?
(Chapters 4 - 2 to 3)
1) conventional deed of transfer (form E) 2) Partition transfer (Form F) 3) Expropriation or land vested by statue - (Form G) 4) transfer in compliance with Court order (Form H)
What are the Rules applicable to preparing a deed.
(Chapters 4 - 4 to 6)
1) A4 paper 2) Printing must be of good quality 3) leave top half blank 4) Margin of 4 centimeters on left hand side 5)No Carbon Copies 6) Signature in black ink 7) Rules through blank spaces 8) number pages 9) on one side of page only 10) Place date and place where executed 11) Where there is more than 1 party, number parties 12) where there is more than 1 property, number the properties.
wherein a party is cited in a deed of transfer, and they are married out of community of property, with the accrual, how is the party cited?
(Chapters 4-16)
John Smith
Identity Number : 860116 5138 089
Married out of community of property.
(Note: you don’t mention the reference to the accrual. )
Draft the parties married in community of property in a deed of transfer?
(Chapters 4-16)
John Smith
Identity Number 860101 5238 089
Mary Smith
Identity Number 550101 0235 089
Married in community of property to each other
Draft a provision in a deed of transfer for the parties that are married in community of property where only 1 spouse is the transferor?
John Smith
Identity Number 860116 5138 089
Married in community of property to Marry Smith
Name the 3 main instances wherein property can be excluded from a marriage in community of property?
1) a donation, 2) received in terms of a will 3) wherein the court determine that such an asset is to form the exclusive property of one spouse.
Draft a party in the preamble and vesting clause wherein he is married under the laws of another country.
(Chapter 4 -22 to 23)
Preamble :
John Smith
Identity Number : 8601165138089
Married to Marry Smith, which marriage is governed by the laws of Portugal duly assisted by his spouse.
Vesting clause:
John Smith
Identity Number : 860116 5138 089
Married to Marry Smith, which marriage is governed by the laws of Portugal.
(NB: You leave out the “duly assisted by his spouse” in the vesting clause”)
What is the status of a monogamous customary marriage entered into before the Recognition of Customary Marriages Act
It is a marriage in community of property.
Draft the preamble for a deed of transfer wherein a person is married in a polygamous customary marriages entered into before the commencement of the recognition of Customary Marriages Act.
Peter Nkosi
Identity Number : 860116 5138 089
Married under a matrimonial property system governed by customary law, in terms of the Recognition of Customary marriages Act, 120 of 1998.
Draft the preamble wherein parties are married in terms of a monogamous customary marriage after the act, absent a registered antenuptial contract
(Chapter 4 - 25 to 26)
John Smith
Identity number : 860116 5138 089
and
Shara Smith
Identity Number 860116 0138 089
Married in community of property to each other.
Draft the preamble wherein parties are married in terms of a monogamous customary marriage after the act, and a registered antenuptial contract has been registered
(Chapter 4 - 26)
John Smith
Identity Number 860116 5138 089
Married out of community of property
Where a man wishes to enter into a further customary marriage, please advise in respect of procedure and preamble in deed of transfer.
(Chapters 4 - 26 to 27)
Application will need to be made to the court for the approval of a written contract that will regulate the future matrimonial property system. The preamble will read as follows:
Peter Nkosi
Identity Number : 860116 5138 089
Married, the proprietary consequences of which marriage are governed by order of court issued in terms of the Recognition of Customary Marriages Act 120 of 1998.
What is the position wherein a man enters into a second marriage without a court order? draft the preamble of the deed of transfer.
(Chapters 4 - 27)
The marriage is valid but is on that is out of community of property. The preamble would read as follows:
Peter Nkosi
Identity Number : 860116 5138 089
and
Esther Nkosi
Identity number : 860116 0138 089
Married in community of property, to each other
and
Peter Nkosi
Identity Number : 860116 5138 089
married in terms of customary law
Describe a wife married in terms customary law, which marriage is not the subject of a court order, and who acquires a property. Draft the preamble?
Marry Nkosi
Identity Number : 860116 0138 089
Married in terms of customary law
Where parties are subject to the civil partnership that is solemnised and registered and not subject to an antenuptial contract, how is the preamble prepared?
(Chapters 4 - 28)
Marry Smith
identity Number 860116 0183 089
and
Sarel Vermark
identity Number 860116 0181 089
Partners in a civil partnership in community of property registered in terms of the Civil Union Act 17 of 2006
Where parties are subject to the civil partnership that is solemnised and registered and is subject to an antenuptial contract, how is the preamble prepared?
(Chapters 4 - 28)
Marry Smith
identity Number 860116 0183 089
partner in a civil partnership out of community of property registered in terms of the Civil Union act 17 of 2006
True or false - spouses that are married in community of property may share differently in terms of a partnership that they are involved in?
False - spouses married in community of property may not share differently in terms of their partnership wherein they acquire property in terms of a deed of transfer.
Draft a preamble wherein there are 4 partners, 2 are married in community of property, 1 married out of community of property and 1 unmarried.
(chapter 4 - 32)
Christopher Jukes
Identity Number : 860116 5138 089
Married in community of property to Sameera Malekjee
And
John Smith
identity Number 840512 5168 089
Married in community of property to Marry Smith
And
Sally Smith
identity Number 840512 0168 089
Married out of community of property
And
Bev Smith
identity Number 840615 0177 089
unmarried
together carrying on business in partnership as smith and web
Draft the vesting clause in the deed of transfer wherein there are 3 transferees and they get 1/4, 1/4 and 1/2.
(Chapter 4 -32)
1 John Smith
identity Number 840512 5168 089
Married in community of property to Marry Smith
1/4 share
2 Sally Smith
identity Number 840512 0168 089
Married out of community of property
1/4 share
3 Bev Smith
identity Number 840615 0177 089
unmarried
1/2 share
Draft a preamble wherein the property be being transferred by an agent?
(chapter 4 -32)
Christopher Jukes
in his capacity as agent for Nikki Jukes
Identity Number : 860116 5138 089
Married out of community of property
by virtue of special power of attorney granted to him at Cape town on the 1st of May 2022.
True or false - Can an alias be used?
False, alias are not permitted - regulation 24(2).
Wherein there is an error in respect of name, date of birth, no identity number or party does not know their birth day, what 2 documents can be submitted to the registrar of deeds
1) Affidavit from party concerned giving reasons as to why the details are incorrect or 2) a certificate from the conveyance in respect of the factual situation and basis of information being incorrect.
Draft the preamle for a deed of transfer and for the power of attorney for a close corporation.
(Chapter 4 - 38)
Deed of transfer:
ABC CC
Registration Number : 2014/024516/23
Power of Attorney:
I, the undersigned
christopher Andrew Jukes
in my capacity as member and duly authorised by a resolution of ABC CC
Registration Number : 2014/024516/23
Hereby nominatem authorise and appoint
What are the 3 different codes that can be used for trusts?
(Chapter 4 -39)
1) “MT” - mortis causa trust 2) “IT” - inter vivos trust 3) “FT” - foreign trust.
Draft a preamble for a trust in a power of attorney?
I, the undersigned,
Christopher Andrew Jukes
in my capacity as trustee of the
Jukes Family trust
Registration Number : IT1245/2008
duly appointed by virtue of letter of authority issued by the master of the High Court, Pretoria on the 16th of January 1986
Draft a preamble for a power of attorney for a trust, where the trustees have authorised 1 trustee to sign for all trustees.
I, the undersigned,
Christopher Andrew Jukes
duly authorised by a resolution of the trustees of the
Jukes Family Trust
Registration number : IT1245/2008
duly appointed by virtue of letter of authority issued by the master of the High court, Cape Town on the 15th of January 2008.
Draft the preamble in a deed of transfer for a trust?
the trustees of the Jukes Family Trust
Registration Number : IT2584/2015
Draft the discription in the preamble of a power of attorney and title deed wherein the trust is for a deceased estate.
(Chapters 4-42)
Power of attorneys
I, the undersigned
Christopher Andrew Jukes
in my capacity as trustee in the estate of late Denise Grote duly
authoirsed by letter of authoirty number MT 2541/2022 issued by the master of the High Court, Pretoria on the 15th of November 2022
Title Deed
The trustees of the estate late of Denise Grote
Registraion Number : MT2541/2022
Draft the preamble in a power of attorney wherein the transferor is under 7 and older than 7, but under 18.
(Chapters 4 -43)
Under 7
We, the undersigned
Christopher Andrew Jukes and Sameera Malekjee
in our capacity as parents and natural guardians of
Jimmy Jukes
Indentity number : 240930 5138 089
a minor
Over 7 and under 18
I, the undersigned
Jimmy Jukes
Identity Number : 240930 5138 089
a minor
duly assisted by my parents and natural guardians Christopher Andrew Jukes and Sameera Malekjee
Draft the preamble for a transferor in a deed of transfer wherein the seller is both under 7 and over 7 but under 18.
Chapters 4 -44
Under 7
Christopher Andrew Jukes and Sameera Malekjee
Parents and natural guardians of
Jimmy Jukes
Identity Number : 240105 5138 089
A minor
Over 7 but under 18
Jimmy Jukes
Identity Number : 240105 5138 089
a minor
duly assisted by his parents and natural guardians Christopher Andrew Jukes and Sameera Malekjee
Draft the vesting clause for a deed of transfer for a minor.
chapters 4 - 44
Jimmy Jukes
Identity Number : 240116 5138 089
A minor/an unmrried minor
Wherein the minor is under 7 (a minor) over 7 (an unmarried minor)
The Administration of Estate Act indicates that further authority is required when disposing of minor’s property. Please discuss.
Chapters 4 - 42
Master must give authority if R250 000.00 or under and the high Court if over R250 000.00
Draft the preamble of a power of attorney and deed of transfer for a mental patient
Chapters 4 -45
Power of attorney
I, the undersigned
Christopher Andrew Jukes
In my capacity as curator in the estate of the mental patient Sameera malekjee
Identity number : 850217 0045 089
unmarried
duly appointed by virtue of letter of authoirty issued by the master of the High Court, Pretoria dated 15 June 2022
Deed of transfer
The curator in the estate of the mental patient
Sameera Malekjee
Identity number : 850217 0045 089
unmarried
Draft the vesting clause of deed of transfer for a mental patient
chapters 4 -45
Sameera Malekjee
Identity Number : 850217 0045 089
an unmarried mental patient
draft the preamble for a power of attorney for a mental patient married in community of property
Chapters 4 -46
I, the undersigned
John Smith
duly appointed by virtue of letter of authoirty issued by the master of the High court, Pretoria dated 15th of June 2022
in my capacity as curator of the mental patient
Sameera Malekjee
Identity Number : 850217 0045 089
and
Christopher Andrew Jukes
Identity Number : 860116 5138 089
Married in community of property to each other
Draft the preamble for a power of attorney and deed of transfer for an insolvent estate
Chapters 4-47
Power of Attorney
I, the undersigned
Christopher Andrew Jukes
In my capcity as trustees in the insolvent estate of
Sameera Malekjee
Identity Number : 840217 0045 089
unmarried
duly appointed by virtue of letter of authority issued by the master of the High Court, Pretoria dated 15th of June 2022
Deed of transfer
the trustees of the insolvent estate of
Sameera Malekjee
Identity Number : 840217 0045 089
unmarried
Draft the preamble wherein the transferor is insolvent and married out of community of property. The property is co-owned by the other spouse.
Chapters 4 -50
The trustees of the insolvent estate of
Sameera Malekjee
Identity Number: 850217 0045 089
married out of community of property
and acting in terms of section 21(3) of the Insolvency Act 24 of 1936 in the solvent estate of
Christopher Andrew Jukes
Identity Number: 860116 5138 089
married out of community of property
Draft the preamble for a power of attorney where the company is liquidated,
Chapters 4 -48
I, the undersigned
Christopher Andrew Jukes
In my capcity as liquidator of
Jukes Malekjee and associates CC
Registration Number : 1598/012547/23
duly appointed by letter of appointment issued by the master of the Pretoria High Court, dated 17 May 2022
Draft the preamble and vesting clause for a deed of transfer where the company is liquidated,
Chapter 4 - 49
Preamble
The liquidator of ABC (Pty) Ltd (in liquidation)
Registration Number : 2021/0125845/08
Vesting clause
ABC (Pty) Ltd (inliquidation)
Registration Number : 2021/0125845/08
Draft the preamble in a power of Attorney wherein the company is in business rescue.
Chapters 4 - 49
I, the undersigned,
Christopher Andrew Jukes
In my capacity as business rescue practitioner of
Jukes Malekjee and Associates (Pty) Ltd
Regsitration number : 2015/00125445/08
duly appointed by the board of directors on the 16th of May 2018 in terms of Section 129 (3)(b) of the companies act 71 of 2008
as will appear from Notice of Appointmnet of business rescue practitioner filed with the CIPC on the 20th of May 2008
Wherein done by court order - duly appointed by a court order in terms of section 131(5) of the Companies Act 71 of 2008 as will appear from notice of appointment of business rescue practitioner filed with the CIPC on the 1st of June 2018
Draft the transfor clause of the deed of trasnfer wherein the company is in business rescue.
Chapter 4 - 49
the business rescue practitioner of ABC (Pty) Ltd
Registration number : 2018/001254/08
Draft the preamble for a power of attorney and deed of transfer wherein the transferor is the sheriff.
Chapter 4-50
Power of attorney
I, the undersigned
Christopher Andrew Jukes
In my capcity as the sheriff of the magistrates court, halfway house
and duly authoirsed by writ of execution issued by the clerk of the court at boksburg on 18 January 2022
Deed of transfer
the sheriff of the High Court, Boksburg
Draft the preamble for a power of attorney and deed of transfer where the transferor is a church/sports club/societies
Chapter 4 - 50
Power of attorney
I, the undersigned,
Christopher Andrew Jukes
In my capcity as representaive of the Jukes Family Church
duly authoirsed thereo by a resolution taken at a meeting of the church on the 3rd july 2022.
Deed of transfer
Jukes Family Church
Draft the preamble for a nonprofit organisation for a deed of transfer and power of attorney
Chapter 4 -51
Power of Attorney
I, the undersigned,
Christopher Andrew Jukes
a trustee for the Jukes Trust
Registration Number : IT1254/2022
a registered nonprofit organisation in terms of section 15(1)(a) of the Act 71 of 1997
Registration number 2005/0014593/18
Deed of transfer
the trustees of Jukes Trust
Registration Number : IT1254/2022
a registered nonprofit organisation in terms of section 15(1)(a) of the Act 71 of 1997
Registration number 2005/0014593/18
Draft the preamble for a Body Corporate for a deed of transfer and power of attorney
Chapter 4-52
Power of Attorney
I, the undersigned,
Christopher Andrew Jukes
in my capcity as trustee of the Body Corporate of New Haven
scheme number SS22/2001
duly authoirsed by a special resolution of a meeting of the body corporate on 3 February 2022
Hereby nominate , authorise and appoint
Deed of transfer
the trustees of the Body Corporate New Haven
Secheme Number : SS22/2001
Draft the preamble of a power of attorney and deed of transfer wherein the transfor is a city council
Chapters 4 -53
Power of attorney
I, the undersigned,
Christopher Andrew Jukes
in my capacity as town clerk of the Benoni Metropolitan Municipality
duly authoirsed by resolution passed at a meeting on of the town council on the 24th of May 2018
Deed of transfer
Benoni Metropolitan Municipality
When dealing with land belonging to the goverment, which bodies inside of government can own land?
chapters 4-53
Government property can only belong to the national or the provincial goverment. The vesting clause in a deed of transfer will always be one of the two tiers.
Draft a power of attorney and deed of transfer wherein the transferor is the provincial goverment.
Chapter 4 - 54
Power of attorney
I, the undersigned,
Christopher Andrew Jukes
In my capacity as premier of the Provincial Goverment of Gauteng
and duly appointed by a resolution passed at a meeting of the provincial Executive Council on the 12th of june 2018
Deed of transfer
Provincial Goverment of Gauteng
What is the purpose of the recital/causa clause
Chapter 4 -55
It gives the reason for the transfer - sale, donation etc. A vlaid causa is anything in law that authorises the transaction, in other words, legal action.
Give an example of a recital cause for a sale agreement.
Chapters 4-56
…..and the said appearer declared that his principle had truly and legally sold on 15 September 2018…..
Wherein the transferor is the sheriff in a sale and execution, 5 requirements must be met. what are these requirements and please supply an example.
chapters 4 - 56
1) The name of the plaintiff and defendant, 2) That the property concerned is registered in the name of the Defendant, 3)that the sheriff has. by order of court, attached the property, 4)that the attached property was sold at auction 5)the date on which the auction took place.
Example
and the said appearer declared that whereas in the matter in which ABSA BANK LTD was the plaintiff and Christopher Jukes, identity number : 8601165138089, was the defendant, High Court Pretoria case number 666/2022, the hereinafter mentioned property registered in the name of the sid christopher Jukes, by virtue of a writ issued by the registrar of the High Court of Pretoria on the 10th of November 2022, attached by the sheriff, was sold
by public auction on the 22nd of December 2022 to the undermentioned transfee, Nicky Jukes
draft the exchange of lands in a recital clause.
chapters 4 -56
…and the said appeared declared that his principal did, on 18th of July 2018, agree with the transferee to transfer the property hereby conveyed in exchange for erf 304 witkoppen Extension 3 in the said township, Registration Division IQ, Province of Gauteng, held by the transferee according to the deed of Transfer R48836/2006…”
Draft a recital clause for a rectification transfer (wrong land transferred)
chapters 4 -57
AND the appeare declared that -
WHEREAS his principal purchased erf 14 Hatfield Township in terms of a deed of sale dated 4 january 2019, but in error received trasnfer of 15 Hatfield Township by Deed of Transfer T11/2019
AND WHEREAS the undermentioned transfee bought the undermentioned property in terms of a deed of sale date 4 January 2019, but in error received trasnfer of Erf 14 Hatfield Township by Deed of Transfer T10/2019
AND WHEREAS the transferor and the undermetioned transferee have agreed to rectify the position and in consequence of such agreement, the transferor is simultaneously herewith receiving transfer from the undermentioned trasnferee of the said Erf 14 Hatfield Township
Draft the recital clause wherein the proeprty is being transferred due to a divorce.
Chapter 4 -57
“…and the said appearer declared that in accordance with the stipulations of the divorce decree issued by virtue of an order of the High Court, Johannesburg on 18 December 2018, the undermentioned transferee of the property is entitled to the property thereby transferred…”
The vesting clause usally stays the same as the Trasnferor, that being said, all vesting clauses end with required wording, please give the 3 examples?
chapters 4-58
1)For a natural person:
“His/her/their heirs, executors, administrators or assings”
2) company or local authoirty
“its successors in title or assigns”
3) A trust
“its successors in office or assigns”
What is the effect of a proeprty transferred to a partnership wherein one partner is married in community of property?
chapter 4 -59
such trnasfer only takes place to such a partner in his capcity as partner in that partnership.
When drafting the property clause there are 3 requirements that must appear, what are these requirements
chapers 4-61
1) The registration number of the property (i.e, Erf 348)
2) The place where the property is situated, town, registration division or administrtive district, province
3) The extent of the land
Which Registration divisionuse registration divisions and which use Administration district?
draft an example of both
chapter 4 - 62 to 63
Registration division
Johannesburg, Pretoria, Polokwane, Nelspruit, Pietermaritzburg, Vryburg
Erf 500 in the town Menlo Park
Regsitration division JR, Gauteng Provision
Measuring : 1500 (one thousand Five Hundred) Square metres
Administration district
Bloemfontein, Cape Town, Kimberley, King Willions town, Umtata
Erf 500 Tyger Valley
situated in the city of Cape Town, Cape Division, Province of the Western Cape
Measuring : 1500 (one thousand Five Hundred) Square metres
Explain the extending clause of deed of trasnfer?
chapters 4 - 65
1) reference to the surveyor-General’s approved diagram or general plan and 2) the history clause - origional and current title deed by which the land is held.
Draft extending clause for a proeprty that has never been registered and one that was previously transferred.
chapters 4 - 66 to 67
Land never been registered
As well appear from the annexed diagram S.G. No 105/2000 and held by Deed of Trasnfer T123/1995
First trasnfer
First transferred and still held by Deed of Transfer T234/2000 with diagram S.G No 105/2000 relating thereto
Subsequent transfer
First transferred by Deed of transfer T7234 /2000 with diagram S.G No 105/2000 relating thereto and now held by deed of transfer T7345/2005
Draft the extending clause wherein the property was transferred for the first time, the second time and any time thereafter.
chapter 4 - 69
First transfer
as appears from ** General Plan SG124/2012** and held by certificate of township Title No. T7853/19993
Second Transfer
First transfer and still held under deed of transfer T876/2022 With General Plan SG SG124/2012 relating thereto
Third Transfer
First transfer by deed of transfer T876/2022 With General Plan SG SG124/2012 relating thereto, and now held by deed of trasnsfer
T541/2023
what 4 conditions can exist in a deed of transfer.
chapters 4 -74
1) Existing typed conditions - must be crried forward as is 2) Existing Endrosed Conditions - must be carried forward to the new deed of transfer 3) newly imposed conditions - must be included on the deed of transfer 4) General conditions (Note - does not apply to capetown, Pietermaritzburg, Bloemfontein, Vryburg, Kimberley and king williams town
True or false - wherein an existing typed conditions is brought forward, must a conveyancer ensure that new names of provinces and measurements are provided for.
chapters 4 -76
False, an existing typed condition must be brought forward exactly as they appear in the existing title deed.
Is it necessary to bring forward a lapsed conditions in the new deed.
chapters 4 - 76 to 77
No, however, first application must be made in terms of section 68(1) to ommit the lapsed condition.
Draft a usufruct over the property in favour of the deceased’s widow married out of community of property.
chapters 4 -83
FURTHER SUBJECT to a lifelong right of occupation in favour of Sameera Jukes Identity Number : 850217 0045 089, window, as will appear more fully from Notarial Cession of Right of Occupation No K /2000S
Draft the “general conditions clause”
chapters 4 -81
AND FURTHER SUBJECT to all such conditions as are mentioned or referred to in the aforesaid deed.
Draft a divesting clause wherein the transferor does so in his personal capacity and the transferee is james brown
chapters 4 -82
Wherefore the appearer renouncing all the rights and title the said transferor heretofore had to the premeses did in consequence also acknowledge him to be entitled dispossessed of and disentitled to the same; and that, by virtue of these presents, the said james Brown, his heirs, executors administrators or assigns now is and hence forth shall be entitled thereto, the state however reserving its rights…
Draft a considertaion clause for a property wherein the purchase price is R1800000 and the proeprty is valued at R2 000 000.00
chapters 4 - 83
and finally acknowledging the purchase price of R1 800 000.00 (one million eight hundred thousand rand and that transfer duty was paid on the amount of R2 000 000.00 (two million rand)
The general rule is that transfer and cession must follow the sequence of the successive transactions. There are 3 general exceptions. What are these three exceptions
chapters 4 - 85
1) where the deed registries act provides an exception 2) where any other act creates an exception or whether a court makes an exception.
Section 14(1)(b)(i) to (vii) provides for various exception to the sequence of successive transactions. What are these exceptions?
Chapters 4 - 86 to 87
1) Wherein the property is owned by a person who has died and their heir died, the property may be transferred directly 2) wherein the property forms part of a deceased estate, and the heir has sold the property and the value of the property is less than or equal to the value of the property, the property may be sold directly 3) wherein the property is part of a deceased estate and the heirs enter into a redistribution agreement 4) wherein the property is acquired by spouses married in community of property, but before tranfer that get divroced, in terms of settlement agreement (order of court), the property can be transferred directly to the one spouse. 5) If a fiduciary interest in land is terminated before transfer, it can be transferred directly to the fideicommissary 6) sale in execution.
Prepare a preparation certificate by a conveyancer
chapters 5 - 3
Prepared by me
Conveyancer
Christopher Andrew Jukes
Legal practice Council membership numer : 864514
May an application to open a township register in terms of section 46 of the Deeds Registries Act be prepared by an attorney?
chapters 5 -4
Yes - It is an application, not a deed - regualation 44 is applicable
May a certificate of registered township title be prepared by an attorney?
chapters 5 - 4
No - It is a certificate - regulation 43 is applicable.
who is enttitled to sign the preparation clause referred to in regulations 43 and 44(1) of the Deeds Registries Act and state briefly what responsibilities are assumed in terms of Section 15A(1) and (2) of the said Act to the extent provided in Regulation 44A of the said Act, by such person signing the Preparation Certificate, for the correctness of the facts stated in the document?
chapters 5 - 5 to 7 - passed exam question.
In terms of Regulation 44 an attorney, conveyancer or notary may sign the preparation certificate. While under regulation 43 only a conveyancer may sign the preparation certificate. Regulation 44A prescribes responsiblities for which an attorney takes responsibility, there are the following:
1) that all copies are identical
2) That all conditions of title have been correctly brought forward in the new deed of transfer
3) That any representative appointed by the master have indeed been appointed by the master and that they are acting within their powers.
4) That the information of the natural person or juristic person is correct
5) That any representative appointed by a private principal have been appointed correctly and are acting within their powers.
6) That all details of the natural or jurisitc person have been brought forward from the power of attorney or application correctly.
Wherein a power of attorney is witnessed, who can sign as witness?
chapters 5 - 8
1) two witnesses over the age of 14 and who can give evidence in any court of law, or
2) a magistrate, justice of the peace, commissioner of oaths or notary public.
Wherein spouses of a property are selling their property and only one spouses signs the power of attorneys. How can this be rectified?
chapters 5 - 9
1) a separate consent by the other spouse must be lodged, or
2) the other spouse may counter sign the power of attorney, which signature must clearly state on the power of attorney that such signature contemplates the necessary consent.
In both cases same must be attended to by two competent witnesses.
True or false : may the conveyancer who prepares the power of attorney sign as witnesses or commissioner of oath?
chapters 5 - 9
True, unless that conveyancer is appointed as appearer to appear before the registrar of deeds.
Wherein alterations are made to a power of attorney, application or consent, who needs to sign?
chapters 5 -11
persons who signed the power of attorney and conveyancer. If the initials are attested by a person other than the original witnesses, such witnesses must attach his siganture.
Wherein a power of attorney is signed outside of the Republic, Rule 63 of the High Court provides for methods to authenticate the signature. What are these possible methods
chapters 5 -13
same can be authenticated by the seal of:
1) The head of a south african diplomatic or consular
2) a consular of the united kingdom
3) a goverment official of a foreign country who is authorised to authenticate the documents in that country
4) any person who can prove by certificate that they are duly authorised to authenticate such a document
5) a notary public of the united kingdom, Northern Ireland, Botswana, Lesotho, Swaziland or Zimbabwe
In addition, wherein the country that the document is signed and used are both members of the Hague Convention, an apostille may be used to prove authentication.
True or false, new conditions imposed in a deed of transfer are provided for in the power of attorney
5-21
true. You dont have to mention all conditions, only the new conditions that will be captured into the deed of transfer verbatim
Regulation 65(3) set out details that must appear in a special power of attorney. What are these 3 essential terms
chapters 5 -23
1) clear and sufficient description of the land 2) Registered number of the land (if any) 3 ) deed of transfer whereby such land or property is held.
Note : A power of attorney to trasnfer property also requires the date of disposal of such property, this does not appear in a special power of attorney as this date does not exist.
Exam Question : Draft the part starting with “Be it hereby made known” in a deed of trasnfer wherein a special power of attorney was provided for in a sale of a property.
chapters 5 -24
Be it hereby made known
The Christopher Andrew Jukes (125135) appeared befored me, the regsitrar of deed at Pretoria, the said appearer, being duly authorised thereto by power of attorney signed at Benoni on 15 January 2022, granted to her by by
Nikki Jukes
She, being duly authorised thereto by special power of attorney, signed at Cape town on 15 January 2022, granted to her by
Jill Jukes
Identity Number : 46388346
unmarried
Essential 4 terms of a general power of attorney
chapters - 5 -25
1) be registered in the deed registrar with the deed of trasnfer
2) have a preparation certificate
3) No stamp duty is necessary
4) Must contain the date and registration number of the general power of attorney and date that it was signed. (where the general power of attorney was not registered, it must be lodgerd together with the transfer documents.
True or false : can a power of attorney be cancelled in part?
chapters 5 - 28
False, wherein 2 parties sign a power of attorney, and the one withdraws, the power of attorney is cancelled in total.
how long does a personal and praedial servitude last?
chapters 6 - 4
a personal servitude will lapse on the death of the holder in the case of a natural personal or 100 years for a jursitic person. Whereas a pradial servitude can last forever.
What is the key difference between a personal and praedial servitude
chapter 6 - 5
In a personal servitude there is no dominant tenement whereas a praedial servitude always has a dominant tenement.
A praedial servitude always involves at least 2 properties.
Draft the condition clause wherein a will gives the widow a usufruct and the daughter a contingent usufruct.
chapter 6 - 6
FURTHER subject to the following conditions imposed in the will dated 10 Janaury 1995
a) subject to the life long right of occupation by Sameera Malekjee identity number : 850217 0045 089, as will more fully appear from Notrial deed of usufruct K
b) Subject further to a contingent life long usufruct in favour of jimmy jukes identity number : 3541431 which contingent shall only be enforceable upon the death of the said Sameera Malekjee.
Wherein a contingent usufruct comes into existence, what documents should be lodged and what steps must be taken.
chapter 6 - 6
Steps that must be taken
a notarial deed of cession must be entered with the registered owner of the land.
Document that must be lodged are the following:
1) application in terms of Section 68(1) first noting the lapsing of the previous usufruct
2) title deed
3) Existing notarial deed wherein the first usufruct was created.
4) Proof that the first usufruct has lasped ( the death certificate)
5) bilateral notarial deed of cession of usufruct.
What is the difference between a usufruct and a fideicommissum?
chapter 6 - 7
1) where a usufruct is created, the property is transferred to an owner subject to the usufruct.
2) Wherein a fideicmmissum is created, the property is transferred to the fiduciary, subject that on the death of the fidiciary, the property must be transferred to the fideicommissary heir.
May you transfer or cede a usufruct to another person?
chapters 6 - 7
Yes, but only to the owner of the burdened land (Section 66 of the deeds registries Act
How is a personal servitude created and what are the 3 exception?
chapter 6 -8
A personal servitude is created by bilateral notrial deed signed by the owner of the land and the person whose favbour same is created and attested by a notary public. It is first reserved as a condition in the pwoer of attorney and then carried forward to the deed of transfer and placed in the condition clause.
The exception are wherein the servitude is a condition in the deed of transfer created in favour of:
1)the transferor, or
2)the trnasferor’s spouse or survivor of them if married in community of property, or
3)in favour of the surviving spouse if transfer is passed from the joint estate of spouses who were married in community of property.
Draft a personal servitude (in the form of a usufruct) in favour of the transferor in a deed of transfer.
chapters - 6 -9
SUBJECT to the reservation of an usufrust in favour of the transferor , the said
Christopher Jukes
Identity Number : 1435135
married out of community of property
Draft a personal servitude for the transferor and his wife wherein they are married in community of property in terms of the deed of transfer.
chapters 6 -10
SUBJECT to the reservation of an usufruct in favour of the said
Christopher Andrew Jukes
Identity Number : 34354354134
And his wife
Sameera Malekjee
Identity number “ 43543543
married in community of property to each other, or the survivor of them.
true fo false - transfer duties must be paid for a servitude in favour of the public
chapters 6 -11
false: but a transfer duty exception certificate must be lodged.
How would a person go about creating a condtion in the first deed of transfer (i.e, a condition that the consent of the HOA is required before a property can be transfered)
chapter 6 -12
1) THe power of attorney to pass transfer must make reference to the condition as being imposed.
2) The HOA must accept the benefits of the condition. An approproate acceptance of such a condtion must be lodged. this document may be incorporated in the power of attorney.
In order to equalise the partition A grants a personal servitude (usufruct) over his defined property. How will you create the servitude?
Note A and B are transfering properties
chapters 6 -13
You can create the servitude in the power of attonrey to transfer the proeprty. In terms of Section 26(2) of the Deeds Registries Act, the power of attorney must contain, among other things, the conditions, if any, affecting the land or share therein so awared.
Wherein a servitude is to be registered over a bonded property, what 2 steps must be taken? must any further steps be taken wherein there are two or more co-mortgagors.
chapters 6 -13
When registering a servitude the mortgage bond and the consent of the bondholder to the registration of the servitude, free from the bond, must be lodged. In addition, the consent of the co-mortgage(s) must be lodged.
exam Question : Your client owns a property which the local authority have a servitude which lapses wherein a road is built on the adjoining road. The road is built, advise as to the registrar’s requirements to note the lapsing of the servitude.
chapters 6 - 14
1) an application must be made in terms of Section 68(1) of the Deeds Registies Act, by the registered owner of the land, in that the servitude has lasped as a result of th eroad being completed on the adjoining land. 2) a letter of consent or authorisation from the local authority in terms whereof mention is made of the fact that the road is completed and that the temporary servitude of right of way has lapsed by reason thereof.
Draft the preamble for a deed of transfer wherein the proeprty is owned by christopher Andrew Jukes and there is a usufruct in favour of michael jukes.
chapters 6 -15
Christopher Andrew Jukes
Identity Number :
4654654
Married our of community of Property
as bare dominium owner
and
Michael Jukes
Identity number:
2342342
Married in community of property to Kate brown
as usufructuary
Exam question : A dies and leves her proeprty to her daughters X and Y. A also indicates that Y must have a usufruct until she remarries or for 5 years. Explain breifly how you would give effect to this term of the will.
chapter 6 -16
By notarial deed of cession of Usufruct the executor in the estate will first cede the unsufruct over a half-share in the property to X, there after, the entire property will be transferred to X and Y subject to the usufruct created by notarial deed.
Wherein 2 owners of property wish to raise money through a bond, and one owner has a usufruct in the property, what steps can be taken in order to obtain a bond which are the most cost effective.
chapters 6 -18
You can have a bond over the property in terms of Section 69(3) of the deeds registries Act. The one owner would pass the bond as half-share owner and bare dominion and the other as half-share owner and usufructuary.
Draft the preamble for the deed of transfer wherein the property is subject to the widow is a fiducuary and their son is the fideicommissary
chapter 6 -17
Sameera Malekjee
Identity number : 6343654354
Widow
As fiduciary
and
Jimmy Jukes
Identity number : 4664654
married in community of Property to Bob Jukes
as fideicommissary
How is a usufruct and how is a fideicommissum registered over immovable property.
chapter 6 -18
A usufruct can be created in a power of attorney to transfer if the usufruct is in favour of the transferor or the transferor and his/her spouse if married in community of property or in favour of a surviving spouse who was married in community of property to the deceased. in all other cases it is registered by notarial deed.
A fideicommissum is created in the power of attorney to transfer the property to the fiduciary.
what is the effect wherein the fideicommissary predeceases the fiduciary?
chapter 6 -18
The Fiduciary is free to deal with the property as they deem fit.
true or false : is transfer duty also paid on a negative servitude?
chapters 6 -18
true. Transfer duty is paid on the fair value of the personal servitude. Transfer duty is also paid on the increase value of a property wherein a servitude is cancelled.
How is a praedial servitude created and what are the exceptions.
chapters 6 -20
A praedial servitude is created by notarial deed. There are 2 exception :
The first exception
1) It is created in favour of land that is in the name of the tranferor. (Section 76(1))
2) It is being created in favour of land that is being transferred in realtion to land already held by the trasnferor.(Section 76(1))
Wherein the servitude is created in terms of the exception, the servitude will be created in terms of the power of attorney.
The second exception
1) Wherein the tranferor of a property is subject to an unregistered rights of servitude. The owner acknowledges the unregistered servitude in the sale agreement and provides for the servitude in the power of attorney
2) And the transferee consents to the inclusion of a servitude. Such consent may be in the power of attorney or a separate consent.
3) If the third party appears or is duly represented wherein execution of the transfer takes place and accepts the servitude i favour of his land. This is done in terms of a separate power of attorney.
The powers of attorenys and consent are then filed with the registrar of deeds with the deed of transfer.
What are the two golden rules that must be provided for when drafting a praedial servitude:
chapter 6 -24
1) the way in which it affects the property being transferred, and
2) whether the property is subject to, or entitled to, or both subject and entitled to servitude rights.
Name the 3 different ways a praedial servitude be described.
chapters 6 -24
1) Servitude by diagram (this is the general rule), or
2) By Description (this is regarded as an exception), or
3) In the general plan.
what documents need to be lodged for the cancellation of a praedial servitude?
chapter 6 -32
1) A bilateral notarial deed of cancellation
2) title deed of the servitude (if provided for in a separate document)
3) Both title deeds of the properties affected
4) transfer duty receipt or excemption
5) Consent from mortgagee of the dominant tenement
6) mortgage bond.
Note : wherein the servitude is a right of way for the general public, a court order authorising the a registrar of deeds to cancel such a servitude or the consent by the Premier of the province.
A and B are each owner of their respective land and A holds a servitude and right of way over B’s lands. A subdivides his property in portion 1 and the remainder. There is no reason for the owner of portion 1 to use the servitude, what can A do.
chapters 6 -33
Use the provisions of Section 76(4) and stipulate, in the power of attorney to pass transfer of Protion 1, that the exercise of the servitude is restricted to the remainder still held by the transferor.
List 5 ways in which a servitude can be terminated?
chapters 6 -33
1) lapse of time
2) Agreement to cancel
3) Waiver/abandonment
4) Merger
5) Impossibility
6) Prescription
Indicate how and under what circumstances praedial and personal servitudes can be created by means of a reservation in the title deed in terms of the Deeds Registries Act 47 of 1937.
chapters 6 -33
In terms of Section 67 a Personal servitude may be reserved by conditon in the deed of transfer of the land if reservation is in favour of:
1) The trasnferor
2) The transferor and his or her spouse or the survivor of them if they are amrried in community of property;
3) THe surviving spouse if the transfer is passed or given from the joint estate of spouses who were married in community of property.
In terms of section 76 a preadial servitude in perpetuity or for a limited period may be created by a condition in a deed of transfer if the servitude -
1) is imposed on the land in favour of otherland registered in the name of the transferor, or
2) is imposed in favour of land transferred on other land registered in the name of the transferor.
In terms of section 76 a praedial servitude can also be created in a deed of transfer in favour of land of a third party, by the transferor, upon the consent of the transferee and with the written acceptance of the benefit by such third party.
Explain massing of estate
chapter 7 -3
Wherein husband and wife have a joint will and are married in community of property. Upon the death of the one spouse, the estate devolves upon their children subject to a usufruct. If the survivor accept the usufruct they lose their half share in the estate. But if they reject the usufruct they can retain their half share in the estate.
Explain massing of estate
chapter 7 -3
Wherein husband and wife have a joint will and are married in community of property. Upon the death of the one spouse, the estate devolves upon their children subject to a usufruct. If the survivor accept the usufruct they lose their half share in the estate. But if they reject the usufruct they can retain their half share in the estate.
What is a fideicommissum residui?
chapter 7 -4
this is where the fiduciary is entitled to alienate what has been recevied. THey cannot donate or leave by way of will, and unless stated otherwise in the will, are required to ensure that at least the remainder or 1/4 of the value can be left to the fideicommissary.
There is no requirement to give security.
What is the effect of an executor signing a power of attorney before letters of executorship are issued?
chapters 7 -4
Such power of attorney is void.
Draft the vesting clause wherein a property is to be received into a deceased estate.
chapters 7 -5
the estate of the late Robert Bell
estate number 556/2022
his heirs, executors, administrators or assigns
Draft the vesting clause wherein the property to be transfered will form part of a deceased estate wherein the deceased was married in community of property.
Chapters 7 - 6
the joint estate of the late Christopher Andrew Jukes
estate number 23123/2023
and
Surviving spouse Sameera malekjee
Identity number : 654646
widow
their heirs, executors, administrators or assigns
Draft the vesting clause wherein the deceased was married in community of property and his wife dies before transfer.
chapters 7 -7
in the join estate of the late christopher Andrew Jukes
Estate Number : 213/2023
and later deceased spouse, Sameera Malekjee
Estate Number 2300/2023
their heris, executors, administrators or assigns
Draft the preamble for a deceased estate of a deed of transfer
chapters 7 -8
the executors in the estate of the later Christopher Andrew Jukes
Estate number : 1235/2023
Draft the preamble for a power of attorneys in a deceased estate wherein the deceased is not married.
chapters 7 - 8
I, the undersigned
Micheal Jukes
in my capcity as executor in the estate late of Christopher Andrew Jukes
Estate number : 454/2023
duly appointed in terms of letter of executorship, dated 15 December 2023, issued by the master of the High Court of Pretoria
Draft the preamble for a deed of tranfser and power of attorneys wherein the one owner is deceased and there is a surviving spouse
chapters 7 - 9
Deed of transfer
the executor in the estate of the late christopher Andrew Jukes
Estate number : 46546
and
Sameera Malekjee
Identity number : 14654654
widow, previously married in community of property to each other
Power of attorney
I, the undersigned,
Christopher Andrew Jukes
in my capacity as executor in the estate of the late Christopher Andrew Jukes
Estate Number : 1235/2023
duly appointed by letter of executorshop, dated 15 january 2023, issued by the master of the High Court, Pretoria
and
Sameera Malekjee
Identity Number :65465465
widow , previously married in community of property to each other
The General rule is that the executor and the surviving spouse must be mentioned in both the power of attorney and deed of transfer. There are 5 exception, what are these 5 exceptions?
chapters 7 -10
1) wherein the executor is dealing with property that only belonged to the deceased
2) Wherein the proeprty is sold to settle debts of the joint estate (there is an additionial requirement that a certificate of either the master, executor or conveyancer must be lodged that the transfer is to settle debt)
3) Where there has been a massing of estates and the surviving spouses has adiated (there is an additional requirement tht a certificate that the surviving spouse had adiated the massing of the joint estate by the master or conveyancer or a statment by the surviving spouse duly witnessed).
4) Where the property is transfered in favour of the survivng spouse
5) Where the surviving spouse is also the executor.
Draft the preamble of the deed of transfer and power of attorney for a deceased estate wherein the surviving spouse is also the executor, married in community of property.
chapters 7 -11
Power of attorney
I, the undersigned
Christopher Andrew Jukes
In my capacity as executor in the estate late of Sameera Malekjee
Estate number : 123/2023
duly appointed by letter of executorship, dated 15 January 2023, issued by the master of the High Court, Pretoria
And in my personal capacity as surviving spouse of the deceased with whom i was married in community of property
Deed of transfer
Christopher Andrew Jukes in his capacity as surviving spouse and executor in the estate late of Sameera Malekjee
Estate number: 123/2023
Exam Question : Where a property, in a joint estate, is to be transfered out of a deceased estate. draft the divesting clause
chapters 7 - 13
Wherefore the appearer renouncing all rights and title, the joint estate of the later Christopher Andrew Jukes, estate number : 2364/2013, and his surviving spouse, Sameera Malekjee, identity number : 4654654654, widow, previously married in community of property with the deceased heretofore had to the premsises did in consequnce also acknowledge her to be entitled dispossessed of.
What are the requirements of section 42(1) certificate in terms of the administration of estates act
chapters 7 - 14 to 17
Wherein property to is be transferred to a heir or inherited, a further certificate is to be prepared. The certificate is preapred by a conveyancer and must state that:
1) The propsed trasnfer is in terms of a liquidation and distribution account,
2) that the L&D has lain open for inspection, and
3) no objections have been recevied.
Before the conveyancer can prepared the certificate, the conveyancer must have obtained a copy fo the L&D and a copy of the will.
True or false : a section 42(1) certificate or Section 42(2) required in a deceased estate for the cession of bond.
chapters 7 -15
False : A section 42(1) certificate is not required for the cession of a bond.
explain a section 42(2) certificate
chapters 7 - 15 to 17
This pertains to the sale of immovable property in a deceased estate. Such a sale requires a certificate from the master that “no objection to such transfer exist”. The certificate can be issued regardless of whether the liquidation and distribution account has been prepared or not. And must be done if the property is sold prior to the death of the deceased but before transfer or after the death of the deceased. The only additiional requirement if done after the deceased’s death is that the consent of the heirs will be required.
This certificate is not a separate supporting document that is lodged but is an endorsement on the power of transfer.
Exam Question : What are the practical steps in having the master complete a Section 42(2) certificate
chapters 7 -16 to 17
This applies to the sale of property from a deceased estate. Steps to be taken are as follows:
1) the power of attorney is completed by a conveyancer and signed by the executor.
2) There the power of attorney is submitted with
2.1) a JM-33-questionnaire completed.
2.2) written consent to the sale from all the heirs
2.3) certified copy of the deed of sale.
2.4) a solvency affidavit by the executor (only at Pietermartzburg).
2.5) A copy of the will (only in Johannesburg).
3) If the master is statisfied that all requirements are met, he will endorse the power of attorney.
4) The master then returns the endorsed power of attorney to the conveyancer.
5) The power of attorney with the master’s endorsement is then ldoged with the deed of transfer and other supporting documents.
Draft a certificate in terms of Section 42(1)
chapters 7 -19 and example 7 C
I, the undersigned,
Christopher Andrew Jukes
Conveyancer, hereby certify that the trasnfer of the property mentioned herein
1) is in accordance with the liquidation and distribution account and that it has been awared in terms thereof;
2) which account has lain for inspection at the office of the master of the High Court in Pretoria from 28 February 2013 and
3) that no objections thereto was made
Erf 3658 township of waterkloof
Regsitration Division JR, Province of Gauteng
Signed at Pretoria on the 3rd of April 2013
C A JUKES
Conveyancer
Draft the recital cause for a deceased estate wherein bought property, but before transfer, died.
chapter 7 - 20
AND the said appearer decalred that
WHEREAS his principal had truly and legally sold the property herein to John Cohen on 15 April 2021, and
AND WHEREAS the said John Cohen, who died on 1 May 2021, was married in community of proeprty to susan Cohen.
Draft the recital cause for a deceased estate wherein property was sold, but before transfer, died.
chapters 7 -20
AND the said appearer declared that the said late John Brown during his lifetime had truly and legally sold on 6 of Janaury 2023.
Draft the recital cause for a deed of transfer wherein a property is sold in terms of sale agreement in a deceased estate.
chapters 7 -21
“AND the said appearer declared that the said executor had with the consent of the Master truly and legally sold on 6 January 2023”
Wherein dealing with a deceased estate, the recital (causa) clause must hold certain facts. What are these facts:
chatpers 7 - 22 to 25
1) Date of death of the deceased
2) Where the deceased died testate or intestate - if testate, mention to the will and date on will
3) Deceased’s name and surname
4) Surviving spouse’s name and surname and whether they were married in community of proeprty or not. If married in comunity of property it must state that the surviving spouse is entitled to one-half share by virtue of marriage in community of property.
5) If the heir is married in community of property.
6) Short explanation why the transferee is entitled to the property
7) explaination how testamentary conditions are complied with (Testamentary conditions must be registered - new conditions and condictions preceding the bequest - bequests price which must be paid to a third party.
8) Whether there is massing of the estate and whether the surviving spouse adiated.
9) If there is a redistribution agreement, it must be mentioned and the date and place that same was signed.
A and B are married in community of property. They have 4 kids.In their joint will they massed their estate in favour of their children subject to a usufruct in favour of the B. A dies and B repudiated the massing. What is the effect. Disucss how you will deal with the usufruct.
chapter 7 -26
B is entitled to a half share in the estate due to being married in comunity of proeprty. THe children are each entitled to a 1/8 share in the estate being the deceased’s half share divided between the 4 children. Given that B repudicated the will, the right of the usufruct falls away.
Note : What are the 3 golden rules when drafting a causa clause as per notes.
chapters 7 -26
1) Begin each paragraph with “WHEREAS” .. “AND WHEREAS”
2) Write short paragraphs
3) Give everything back what was asked in question in correct legal jargon.
Draft the causa clause/recitals cause wherein the deceased bought a property but before transfer died. Married in community of properyty, surviving spouse to receive property in terms of a joint will.
chapters 7 - 26
WHEREAS the undermentioned transferee is entitled to the property herein conveyed, one half by virture of the joint will dated on 18 January 2022 of herself and the said late james brown, who died on 15 janaury 2023, and to whom she was married in community of property, and the other one-half by virtue of the said marriage in community of property.
Draft the cause clause/recital cause wherein the deceased bought a proeprty but before transfer died. married out of comunity of property, wife is sole heiress and remarried since.
chapters 7 -26
“WHEREAS in terms of the will dated 15 may 2021 of the late Christopher Andrew Jukes, who died on the 15 of April 2021, his suviving spouse, Sameera Malekjee who he was married out of community of property and who is now married in community of property to jacobus van rensburg, was appointed sole heiress.
Transferee has been especially bequeathed proeprty subject to payment of a bequest price and a habitatio. Massing and adiation also took place. draft the recital clause.
chapters 7 -27
WHEREAS in terms of a joint will dated 15 January 2021of the late christopher Andrew Jukes, who died on 12 January 2023 and was married to Sameera Malekjee in community of property
AND WHEREAS the testators massed their estate and the survivor adiated under the will, the undermentioned proeprty was specially bequeathed to their son, Jimmy Jukes subject to
1) a payment in favour of the jukes family trusting in the sum of 40 pounds and
2) to a habitatio in favour of the survivor.
Draft the recital clause wherein a fideicommissum is created in favour of the minor children under the joint estate will which massed the estate
chapters 7 - 27
WHEREAS in terms of a joint will dated 15 january 2022 of the late christopher Jukes, who died on 12 January 2023 and his surviving spouse, Sameera Malekjee who was married in community of property to
AND WHEREAS the testators massed their estate and the survivor adiated under the will subject to a fideicommissum in favour of their children as herein described.
Draft the recital clause in terms of a redistribution agreement.
chapters 7 - 27
WHEREAS in terms of the will dated 15 January 2022 the late christopher Andrew Jukes, who died on 15 January 2023, the testator appointed his children of his marriage with Sameera Malekjee as his sole heirs and to share equally in the whole of his estate.
AND WHERE AS the said children have entered into a redistribution agreement of the immovable property in the estate, on 16 January 2023 signed at Durban, in terms of which agreement the hereinafter-mentioned transferee is entitled to the undermentioned property.
Draft the recital clause wherein the transferee is an ab intestator in terms of section 1(1)(a)
chapters 7 -29
WHEREAS the late christopher Andrew Jukes died intestate on 16 January 2022, and whereas he was married in community of property to Sameera Malekjee who is entitled to the hereinafter-mentioned property, half thereof by virtue of the marriage in community of property and half thereof as intestate heiress by virtue of section 1(1)(a) of Act 81 of 1987
Draft the recital clause wherein the transferee is ab intestator in terms of section 1(1)(c)
chapters 7-29
WHEREAS the late chistopher Andrew Jukes died intestate on the 16th of January 2023, and his surviving spouse, Sameera Malekjee whom he was married to out of community of property, and his children are his intestate heirs in the share set out in terms of section 1(1)(c) of Act 81 of 1987
Give 2 exception under section 9 wherein transfer duties do not need to be paid and what document is lodged as proof of this.
chapter 7 - 30
1) Wherein the property is recevied in party or whole by the surviving spouse
2) Werein the property is received by heirs or legatee in a deceased estate intestate, testate or as the result of a re-distribution agreement of the deceased estate in the process of liquidation.
The document that is lodged is called a transfer duty exemption certificate.
What 7 documents are lodged with a transfer in a deceased estate :
Clue - normal transfer documents with 2 extra documents and
What other possible documents could be required?
## Footnote
chapters 7 -31
1) Title deed
2) Deed of transfer
3) transfer receipt or transfer duty exemption certificate
4) clearnce certificate in respect of rate and taxes
5) Power of attorney
6) A certified copy of the will - certified by the master of the High Court - In the case of intestate sucession - an affidavit from the executor as proof of the fact that the decesed died in fact died intestate.
7) Certificate in terms of section 42(1)
Other possible documents:
1) Redistribution agreement, that must be certified by the master.
2) Next of kin affidavit - This is due to the identity of the next of kin not being provided for in terms of the will, or the deceased dying intestate or a heir dying with descendants that are able to inherit.
3) Copy of marraige certificate or affidavit by surviving spouse. This is for where 1) a servitude is to be created and it must be established whether the marraige was in community of property 2) If the surviving spouse is to receive a half share in the property.
4) Death certificate in respect of a heir
5) Proof of adiation - This can be a certificate from the master, conveyancer or a statement from the surviving spouse. Wherein this fact appears in the power of attorney and the power of attorneys is signed by the surviving spouse, the above supporting documents are not needed.
6) Certified copy of waiver or repudiation.
7) In a respect of a polygamous muslim marriage - an affidavit from the surviving spouse.
8) A certitifcate from home affairs or court order in respect of a customary marriage.
What the 4 different estate endorsments, whether they are factural or registration and briefly explain.
chapter 7 -37
1) Section 45(1) endorsement (deeds registirie act) [registration] - Wherein there is a surviving spouse in a joint estate, that spouse can take deal with that bond or property as if they had taken formal transfer. The executor and surviving spouse must lodge the application for the endorsement.
2) Section 39(2) endorsement (administration of Estate Act) [factual]
3) Section 39(3) endorsement (administration of Estate Act) [factual]
4) Section 40(1)(b) endorsement (administration of Estate Act) [factual]
Discuss a Section 45(1) endorsement and requirements
Chapters 7 -38
1) this only takes place wherein the marriage is one in community of property.
2) It is an endoresment on either the bond or title deed
3) The Applicant must be prepared by a conveyancer and contain a preparation certificate.
4) Both the executor and the surviving spouse must lodge the application for endorsement
5) The Application must provide for the causa for the endorsement:
i) In terms of a will
ii) take-over by surviving spouse
iii) intestate inheritance
iv) redistribution agreement
v) survivor’s purchase of the deceased’s one-half of the property.
6) the value of a half share of the property must be set out in the application.
7) Wherein the property is a unit and a separate exclusive use area, 2 separate applications must be prepared.
Explain a Section 39(2) endorsement in terms of administration of estate Act66 of 1965 and what documents will be lodged
chapters 7 - 42 to 43
Wherein a right of usufruct, or another similar right, has been bequesthed to someone with further instructions that the property should devolve onto one or other specified or unspecified person, such provision of the will must be endorsed against the title deed.
Documents to be lodged at the following:
1) Application in terms of Section 39(2)
2) Title deed
3) Certified copy of the will - certified by the master.
4) Section 42(1) conveyancer certificate.
5) Section 39(2) certificate by the master as consent for this application.
6) proof of adiation if applicable.
What are the 3 exceptions wherein a Section 39(2) endorsement in terms of the administration of estate act may not take place.
Chapters 7 - 42 to 43
1) Wherein there is a fiduciary to whom transfer can immediately be given.
2) Wherein the estate is administered in terms of Section 18(3) of the administration of estates act, unless the master gives a directive and requests a registrar to apply the provisions of section 39(2).
3) Where Section 25(1) can be applied. Where the property is bequeathed to a child born or to be born of any person or marriage.
Draft an application in terms of Section 39(2) of the adminstration of estate act 66 of 1965
Example 7G
Prepared by
Conveyancer
Christopher Andrew Jukes
234242
Application in terms of Section 39(2) of the Adminstration of Estates Act 66 of 1965
I, the undersigned
Michael Jukes
In my capcity as executor in ther estate late of Denise Grote, duly appointed by letter of Executorship Number 8893/2020 issued by the master of the High Court, Pretoria on 15 January 2020
Do hereby make application to the Regsitrar of Deeds in Pretoria in terms of section 39(2) of the adminstration of estate Act, to endorse the title deed of
ERf 175 Northmead
Registration Divsion JQ
Measuring 1200 (One Thousand Two Hundred )square metres
Held by deed of transfer : T5646/2019
to the effect that the abovementioned property shall be subject to the stipulations of the will of the late Denise Grote, dated at Benoni on 15 January 1990 in favour of
Jill Jukes
Identity Number : 54654
Unmarried
Signed at Benoni on 15 May 2023
_________________________
Executor
Explain the purpose of Section 39(3) endorsement and what documents must be lodged.
chapters 7 -44
Wherein a heir is unable to pay the required costs involved in having proeprty registered into his name, the master may authorise the executor to endorse the title deed to the effect that the proeprty has been bequeathed.
A section 39(3) endorsement is only a factual endorsment. It is thus not a registration-endorsement.
Documents to be lodged at the following:
1) Application in terms of Section 39(3)
2) Title Deed
3) Certfied copy of the will
4) Section 42(1) conveayancer certificate
5) Section 39(3) certificate from master as consent to the application.
6) Proof that the heir cannot effect the transfer.
7) Consent from bond holder.
Draft an application in terms of Section 39(3) of Administration of Estates Act 66 of 1965
Example 7H
Prepared by
Conveyancer
Christopher Andrew Jukes
465654
Application in terms of Section 39(3) of the Administration of Estates Act 66 of 1965
I, the undersigned
Michael Jukes
In my capacity as executor in the estate late of Nikki Jukes, duly appointed by letter of executorship Number 456/2020 ued by the master of the High Court at Pretoria on 16 January 2021
do hereby make application to the Registrar of Deeds at Pretoria in terms of section 39(3) of the Administration of Estate Act, to endorse the title deed of the
Erf 123 Northmead
Registration Division JQ
Measuring 1200 (One Thousand Two Hundred) Square meters
Held by deed of trasnfer T1351/2019
to the effect that the above mentioned property is bequeathed and inherited in terms of the stipulations of the will of the late Nikki Jukes, dated at Benoni on 18 March 2006, in favour of
Jill Jukes
Identity Number : 546464654
Unmarried
Signed at Pretoria on 30 January 2022
____________
Executor
Explain what a section 40(1)(b) endorsement is and what documents must be submitted.
chapters 7 - 45 to 46
This type of endorsement takes place wherein a trust is created in terms of a will and there are immovable properties involved.
Delivery of the property takes placed wherein an endorsement takes placed against any title deed, mortgage bond or notarial bond. This endorsement does not effect transfer of the property and is a factural endorsement.
An endorsement in terms of this section means 1) that a reference to the provisions of the will are noted the deed concerned, and 2) that the authority to deal with such assets passes from the executor to the trustees. THe trustees cannot dealk with such assets other than in accordance with the provisions of the will, unless he is authorised by the court to do so.
As soon as beneficiaries are entitled to the trust assests, the immovable property shall be transferred into their name.
Documents to be lodged are:
1)Application in terms of Section 40(1)(b)
2)Title Deed
3)Certified copy of the will - certified by the master
4)Section 42(1) certificate by conveyancer
5)consent from bond holder if property is mortgaged.
6)Whereint he proeprty is part of a joint estate and massing has taken place, proof of adiation from the surviving spouse.
Draft an Application in terms of Section 40(1)(b) of the Administration of Estate Act 66 of 1965.
Example 7I
Prepared by
Conveyancer
Christopher Andrew Jukes
456456
Application in terms of Section 40(1)(b) of the Adminstrations of Estate Act 66 of 1965
I, the undersigned
Michael Jukes
In my capcity as executor for the estate late of Sameera Malekjee, duly appointed by letters of executorship number 2135/2022, issued by the master of the High Court, Pretoria on 15 January 2023
do hereby apply to the Registrar of Deeds at Pretoria in terms of Section 40(1)(b) of the Adminstration of Estates Act 66 of 1965, to endorse the title deed of the following property
Erf 132 Northmead
Registration Division JQ
Measuring
Draft an Application in terms of Section 40(1)(b) of the Administration of Estate Act 66 of 1965.
Example 7I
Prepared by
Conveyancer
Christopher Andrew Jukes
456456
Application in terms of Section 40(1)(b) of the Adminstrations of Estate Act 66 of 1965
I, the undersigned
Michael Jukes
In my capcity as executor for the estate late of Sameera Malekjee, duly appointed by letters of executorship number 2135/2022, issued by the master of the High Court, Pretoria on 15 January 2023
do hereby apply to the Registrar of Deeds at Pretoria in terms of Section 40(1)(b) of the Adminstration of Estates Act 66 of 1965, to endorse the title deed of the following property
Erf 132 Northmead
Registration Division JQ
Measuring
Draft an Application in terms of Section 40(1)(b) of the Administration of Estate Act 66 of 1965.
Example 7I
Prepared by
Conveyancer
Christopher Andrew Jukes
456456
Application in terms of Section 40(1)(b) of the Adminstrations of Estate Act 66 of 1965
I, the undersigned
Michael Jukes
In my capcity as executor for the estate late of Sameera Malekjee, duly appointed by letters of executorship number 2135/2022, issued by the master of the High Court, Pretoria on 15 January 2023
do hereby apply to the Registrar of Deeds at Pretoria in terms of Section 40(1)(b) of the Adminstration of Estates Act 66 of 1965, to endorse the title deed of the following property
Erf 132 Northmead
Registration Division JQ
Measuring
Draft an Application in terms of Section 40(1)(b) of the Administration of Estate Act 66 of 1965.
Example 7I
Prepared by
Conveyancer
Christopher Andrew Jukes
456456
Application in terms of Section 40(1)(b) of the Adminstrations of Estate Act 66 of 1965
I, the undersigned
Michael Jukes
In my capcity as executor for the estate late of Sameera Malekjee, duly appointed by letters of executorship number 2135/2022, issued by the master of the High Court, Pretoria on 15 January 2023
do hereby apply to the Registrar of Deeds at Pretoria in terms of Section 40(1)(b) of the Adminstration of Estates Act 66 of 1965, to endorse the title deed of the following property
Erf 132 Northmead
Registration Division JQ
Measuring 120 (One Hundred and Twenty) Square metres
Held by Deed of transfer T1235/2020
to the effect that the stipulations of the will of the late Sameera Malekjee, dated at Benoni on 14 January 2023, shall be applied to the title deed to the effect that the abovementioned property shall be adminstrated by the trustees of the Sameera Malekjee Testamentarty Trust, appointed in terms of the stipulations of the abovementioned will.
Dated at Pretoria on 30 January 2023
___________
Executor
