Gounden and Another v Master of the High Court and Others (3698/2014) [2015] ZAKZDHC 6 (18 February 2015)

Gounden and Another v Master of the High Court and Others (3698/2014) [2015] ZAKZDHC 6 (18 February 2015)

The court held that the first applicant's right to claim her inheritance vested upon the death of her sister (dies cedit), but the inheritance itself would only vest in the joint estate after the liquidation and distribution account was confirmed (dies venit). As the account had not been approved and creditors' claims were still outstanding, the inheritance had not vested in the joint estate. Section 15(3)(b)(iii) of the Matrimonial Property Act only requires spousal consent for the receipt of inheritance accruing to the joint estate, not for its renunciation. The court rejected the respondents' argument that consent was required to renounce the inheritance, finding that the right of...

Citation
[2015] ZAKZDHC 6
Parties
Applicant: Lutchmi Gounden; Applicant: Another; Respondent: The Master of the High Court; Respondent: Other; Respondent: Third Respondent; Respondent: Fourth Respondent; Respondent: Intervening Parties
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
18 February 2015
Case Number
3698/2014
Procedural Posture
Civil Application / Judgment on Merits After Preliminary Objection
Outcome
Application granted in favour of the applicants.
Judges
D Pillay
Legal Topics
Matrimonial Property Act, Intestate Succession, Renunciation of Inheritance, Vesting of Inheritance
Family and Children Civil Procedure Matrimonial Property Act Intestate Succession Renunciation of Inheritance Vesting of Inheritance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Lutchmi Gounden

Applicant

Another

Applicant

The Master of the High Court

Respondent

Other

Respondent

Third Respondent

Respondent

Fourth Respondent

Respondent

Intervening Parties

Respondent

Procedural Posture

Civil Application / Judgment on Merits After Preliminary Objection

Legal Issues

  1. 1 Whether the first applicant's renunciation of inheritance without the consent of her spouse or his executor is valid.
  2. 2 Whether the inheritance vested in the joint estate at the time of renunciation.
  3. 3 Whether section 15(2) and (3) of the Matrimonial Property Act 88 of 1984 requires spousal consent for renunciation.

Ratio Decidendi

The court held that the first applicant's right to claim her inheritance vested upon the death of her sister (dies cedit), but the inheritance itself would only vest in the joint estate after the liquidation and distribution account was confirmed (dies venit). As the account had not been approved and creditors' claims were still outstanding, the inheritance had not vested in the joint estate. Section 15(3)(b)(iii) of the Matrimonial Property Act only requires spousal consent for the receipt of inheritance accruing to the joint estate, not for its renunciation. The court rejected the respondents' argument that consent was required to renounce the inheritance, finding that the right of...

Court Disposition

Application granted in favour of the applicants.

Orders

  • The application is granted in terms of paragraphs 1 and 2.
  • The costs shall be borne by the third and fourth respondents and the intervening parties jointly and severally, the one paying the others to be absolved.