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South Africa Case Law

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Land And Property [2020] ZAKZDHC 49

Govindasamy and Another v Pillay and Others (D7270/2015)

Govindasamy and Another v Pillay and Others (D7270/2015) [2020] ZAKZDHC 49 (12 October 2020)

Court
Kwazulu-Natal High Court, Durban
Case number
D7270/2015
Judge
M R Chetty

The court found that the animosity and inability of the heirs to agree on the sale or value of the property constituted unforeseen circumstances not contemplated by the testator. This justified a departure from the will’s prohibition on sale without mutual consent. The court held that the property should first be offered to either heir at a fair market value, as determined by independent valuations (R710 000), within a reasonable period (30 days). If neither heir purchases, the executor is authorised to sell the property by public auction or private treaty at not less than the determined valu…

Source excerpt

  • Variation Of Will
  • Executor Powers
  • Sale Of Estate Property
  • Administration Of Estates Act
  • Testamentary Dispute
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Land And Property [2005] ZAGPHC 49

Legoale and Others v Legoale and Others (14206/03)

Legoale and Others v Legoale and Others (14206/03) [2005] ZAGPHC 49 (29 April 2005)

Court
High Courts - Gauteng
Case number
14206/03
Judge
JCW van Rooyen

The court found that the transfer of the site permit and subsequent registration of ownership in favour of Dr Mammule Esther Legoale was valid and supported by expert handwriting evidence confirming the authenticity of Mrs Roseline Legoale's signature. The applicants failed to prove forgery or fraud. The 2000 will, even if valid, could not override the registered ownership established under the Upgrading of Land Tenure Rights Act. The application for co-ownership was dismissed, and the eviction of the first applicant from Erf 2495 was granted. No order as to costs was made, reflecting the com…

Source excerpt

  • Testamentary Dispute
  • Registered Ownership
  • Eviction
  • Upgrading Of Land Tenure Rights Act
  • Declaratory Relief
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.