Tshabalala and Others v Tshabalala and Others (38827/2016) [2019] ZAGPJHC 192 (28 June 2019)

Tshabalala and Others v Tshabalala and Others (38827/2016) [2019] ZAGPJHC 192 (28 June 2019)

The court found that the applicants could not rely on the purported will of Manana Paulina Tshabalala, as the original was not delivered to the Master and no application was made to declare the copy valid. The evidence established that Manana Paulina Tshabalala lawfully ceded her rights in the property to her son,...

Source-derived case information.

Citation
[2019] ZAGPJHC 192
Parties
Applicant: Martha Azlinah Tshabalala; Applicant: Mosa Emily Tshabalala; Applicant: Thandi Emily Tshabalala; Applicant: Sonto Thandiwe Tshabalala; Applicant: Esther Ramanantso; Applicant: Edward Ramanantso; Applicant: Julia Ramanantso; Applicant: Michael Ramanantso; Applicant: Dorothy Nkosingiphile Ramanantso; Applicant: Nompumelelo Thango; Respondent: Dumazile Rachel Tshabalala; Respondent: Dumazile Rachel Tshabalala N.O.; Respondent: The Master of the High Court, Johannesburg; Respondent: The Director-General of the Department of Housing, Gauteng Province; Respondent: The MEC for the Department of Housing, Gauteng Province; Respondent: The Department of Housing; Respondent: The Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 June 2019
Case Number
38827/2016
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
K E Matojane
Legal Topics
Cession of Rights, Title Deed Cancellation, Intestate Succession, Conversion of Rights, Will Validity
Land and Property Civil Procedure Cession of Rights Title Deed Cancellation Intestate Succession Conversion of Rights Will Validity

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Parties

Martha Azlinah Tshabalala

Applicant

Mosa Emily Tshabalala

Applicant

Thandi Emily Tshabalala

Applicant

Sonto Thandiwe Tshabalala

Applicant

Esther Ramanantso

Applicant

Edward Ramanantso

Applicant

Julia Ramanantso

Applicant

Michael Ramanantso

Applicant

Dorothy Nkosingiphile Ramanantso

Applicant

Nompumelelo Thango

Applicant

Dumazile Rachel Tshabalala

Respondent

Dumazile Rachel Tshabalala N.O.

Respondent

The Master of the High Court, Johannesburg

Respondent

The Director-General of the Department of Housing, Gauteng Province

Respondent

The MEC for the Department of Housing, Gauteng Province

Respondent

The Department of Housing

Respondent

The Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to cancellation of Title Deed Number TL1146/1998 for the property in question.
  2. 2 Whether the purported will of Manana Paulina Tshabalala is valid and enforceable.
  3. 3 Whether the late Manana Paulina Tshabalala lawfully ceded her rights in the property to Fana Daniel Tshabalala.

Ratio Decidendi

The court found that the applicants could not rely on the purported will of Manana Paulina Tshabalala, as the original was not delivered to the Master and no application was made to declare the copy valid. The evidence established that Manana Paulina Tshabalala lawfully ceded her rights in the property to her son, Fana Daniel Tshabalala, through an out-and-out cession, witnessed and stamped by the relevant authority. Once ceded, she was precluded from bequeathing the property in her will. The property was subsequently transferred to the first respondent and her late husband in accordance with the Conversion of Certain Rights into Leasehold or Ownership Act, following an inquiry and...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.