Steenkamp N.O and Others v Rampai and Others (2478/2022) [2023] ZAFSHC 233 (15 June 2023)

Steenkamp N.O and Others v Rampai and Others (2478/2022) [2023] ZAFSHC 233 (15 June 2023)

The court found that the 1st to 3rd respondents obtained registration of the property through fraudulent misrepresentation to the Master of the High Court, falsely claiming to be the deceased's sisters and omitting the existence of the lawful heir. This fraud vitiated the registration, rendering it void ab initio....

Source-derived case information.

Citation
[2023] ZAFSHC 233
Parties
Applicant: Izak Jacob Steenkamp N.O; Applicant: Palema Beauty Mohlouoa; Applicant: Lineo Josephine Maloko; Respondent: Selloane Monica Rampai; Respondent: Puseletso Susan Maloko; Respondent: Mmalehlwa Lena Maloko; Respondent: Strampe du Plessis Attorneys; Respondent: Registrar of Deeds; Respondent: Master of the High Court
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 June 2023
Case Number
2478/2022
Procedural Posture
Review Application / Judgment After Hearing on Merits
Outcome
Application granted; title deed cancelled; property restored to estate; costs awarded against 1st to 3rd respondents.
Judges
NG Gusha
Legal Topics
Intestate Succession, Fraudulent Misrepresentation, Cancellation of Title Deed, Registration of Property
Land and Property Civil Procedure Intestate Succession Fraudulent Misrepresentation Cancellation of Title Deed Registration of Property

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Parties

Izak Jacob Steenkamp N.O

Applicant

Palema Beauty Mohlouoa

Applicant

Lineo Josephine Maloko

Applicant

Selloane Monica Rampai

Respondent

Puseletso Susan Maloko

Respondent

Mmalehlwa Lena Maloko

Respondent

Strampe du Plessis Attorneys

Respondent

Registrar of Deeds

Respondent

Master of the High Court

Respondent

Procedural Posture

Review Application / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the transfer and registration of the property into the names of the 1st to 3rd respondents was valid and based on a lawful causa.
  2. 2 Whether the misrepresentation by the 1st to 3rd respondents vitiates the registration of the property.
  3. 3 Whether the property should revert to the estate of the deceased for distribution in terms of intestate succession.

Ratio Decidendi

The court found that the 1st to 3rd respondents obtained registration of the property through fraudulent misrepresentation to the Master of the High Court, falsely claiming to be the deceased's sisters and omitting the existence of the lawful heir. This fraud vitiated the registration, rendering it void ab initio. The respondents conceded the misrepresentation and acquiesced to the relief sought. Applying the principle that fraud unravels all, the court ordered cancellation of the title deed and restoration of the property to the deceased's estate for distribution in accordance with intestate succession. The respondents were ordered to bear the costs of the application and the transfer.

Court Disposition

Application granted; title deed cancelled; property restored to estate; costs awarded against 1st to 3rd respondents.

Orders

  • The Registrar of Deeds (Bloemfontein) is ordered to cancel the title deed number T10[…] in respect of Erf 7[…] M[…] (Letlabika Street) Free State Province and to cancel all rights accorded to the 1st to 3rd respondents by virtue of the deed.
  • The 1st applicant is authorized to register Erf 7[…] M[…] (Letlabika Street) Free State Province held under title deed number T10[…] in the estate of the late Tsietsi Moses Maloko with estate number 3[…].