Redistribution Agreement And Transfer Duty

In the sense of CRC 10 of 2014, the transfer by the deceased to potential heirs entitled to the estate requires, within the meaning of the redistribution contract, only a proof of transfer rights or a certificate of exemption. 6.2 Undetermined Heirs A redistribution agreement for unidentified heirs (z.B. unborn children) is invalid (see ex parte Grant 1952 (4) SA 95 N). The establishment of reciprocal obligations between heirs in an agreement to redistribute real estate must not be signed by the contracting parties before two competent witnesses or a state commissioner. However, if the agreement is signed outside the borders of the Republic of South Africa, it is necessary to respect the provisions of Article 63 of the Supreme Court Regulation, or the Hague Convention on Certification, which provides for the proper authentication of documents exported outside the borders of the Republic of South Africa. The same transfer process will follow after a normal transfer, but additional documents will need to be obtained and filed with the Deeds Office. There will also be a slight difference in the documents if the heir is the surviving spouse who was previously married to the deceased in the property community. « … that a sale, exchange or gift must be made between an heir or another or between the heir and the surviving spouse in any redistribution. But the mere fact that a sale is made between two heirs or between an heir and the surviving spouse does not necessarily mean that the sale results in a redistribution. The estate administrator will appoint a transfer lawyer to transfer the hasty estate to the heir as soon as the Master of the High Court has accepted, accepted and approved the deceased`s will, approved the first definitive liquidation and distribution account (L-D account) and has confirmed that he has not received any objections to the L-D account after the declaration. In a redistribution agreement, heirs cannot create reciprocal rights and obligations with respect to the creation of restrictions on alienation cf. De Wet v De Wet e.a.1951 (4) S.A.L.R. 212 (RCR 3 1952).

Similarly, leases and other real rights cannot be created, with the exception of a personal usufruit, customary or Habitatio easement (see RCR 23 of 2002). Section 80 of the Real Estate Authority 66 of 1965 does not apply where a minor is a party to a redistribution agreement and the real estate belonging to these minor properties is distributed (see RCR 30 of 2010).

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