Mabana and Another v Mogane N.O. and Others (2020/40164) [2022] ZAGPJHC 787 (11 October 2022)

Mabana and Another v Mogane N.O. and Others (2020/40164) [2022] ZAGPJHC 787 (11 October 2022)

The court held that the Family House Rights Agreement did not vitiate the transfer of ownership to the late Ms Vangile Margaret Mogane. The agreement created only personal rights, not real rights, and none of its provisions were incorporated into the title deed. Ownership passed to Ms Mogane upon registration, and she was entitled to bequeath the property as she wished. The applicants' claim for cancellation of the title deed and reversion of the property to the City of Johannesburg had no basis in law. The executrix is obliged to transfer the property to the heirs in accordance with the will or intestate succession. The application was dismissed with costs.

Citation
[2022] ZAGPJHC 787
Parties
Applicant: Mabena, Agnes; Applicant: Mogane, Timothy; Respondent: Mogane, Nokuthula Alina NO; Respondent: Mogane, Thulisile; Respondent: Director-General of the Department of Human Settlements, Gauteng Province; Respondent: MEC of Department of Human Settlements Gauteng Province; Respondent: Master of the High Court (Johannesburg); Respondent: City of Johannesburg; Respondent: Registrar of Deeds (Johannesburg)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 October 2022
Case Number
2020/40164
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Judges
Moorcroft
Legal Topics
Conversion Act Procedure, Title Deed Cancellation, Real Rights Transfer, Family Agreement Enforceability
Land and Property Civil Procedure Conversion Act Procedure Title Deed Cancellation Real Rights Transfer Family Agreement Enforceability

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 8 Party arguments 2
Sign in to unlock

Parties

Mabena, Agnes

Applicant

Mogane, Timothy

Applicant

Mogane, Nokuthula Alina NO

Respondent

Mogane, Thulisile

Respondent

Director-General of the Department of Human Settlements, Gauteng Province

Respondent

MEC of Department of Human Settlements Gauteng Province

Respondent

Master of the High Court (Johannesburg)

Respondent

City of Johannesburg

Respondent

Registrar of Deeds (Johannesburg)

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the Family House Rights Agreement vitiates the transfer of ownership to the deceased.
  2. 2 Whether the applicants are entitled to cancellation of the title deed and reversion of the property to the City of Johannesburg.
  3. 3 Whether the applicants have any enforceable rights to the property under the Family House Rights Agreement.

Ratio Decidendi

The court held that the Family House Rights Agreement did not vitiate the transfer of ownership to the late Ms Vangile Margaret Mogane. The agreement created only personal rights, not real rights, and none of its provisions were incorporated into the title deed. Ownership passed to Ms Mogane upon registration, and she was entitled to bequeath the property as she wished. The applicants' claim for cancellation of the title deed and reversion of the property to the City of Johannesburg had no basis in law. The executrix is obliged to transfer the property to the heirs in accordance with the will or intestate succession. The application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the application.