,LPL4804 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 - DUE 4 April 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSUARED EXCELLENCE
Question 1. John Masupa and Sophie Masupa is the registered
owner of Erf 111 Alexandra by virtue of Deed of Transfer
9876/2016. Jack sells and intends to transfer portion 1 of Erf
111 Alexandra to Abram against payment of the R1 100 000
purchase price. John has obtained mortgage finance from Absa
to purchase the property. The seller,John, has an existing
mortgage bond over Erf 111 Alexandra in favour of First
National Bank which he cannot afford to completely pay off at
this stage. 3.1 How will John existing First National mortgage
bond be dealt with on registration of transfer of portion 1 Erf
111 Alexandra to Abram? (2) 3.2 Assuming that John is
domiciled in Zimbabwe and that he married his Zimbabwean
wife in Harare on 1 January 2021. Will John be able to sign the
transfer documents and, in particular, the power of attorney to
transfer? Explain. (4) 3.3 The transfer deeds and documents for
John and Abram’s transfer have been lodged at the
Johannesburg deeds registry. Prior to registration, the deeds
controller notices that Abram’s name is incorrectly spelt as
Abraham in the draft deed of transfer only. Explain how this
mistake can be corrected, if at all. (4) 3.4 During the delay with
the above correction, Abram dies on 1 Sept 2022, before the
, land is transferred and registered in his name. Analyse the
impact of the transferee’s death on the sale validity and
performance and explain the process to be followed with
particular reference to section 14 of the Deeds Registries Act 47
of 1937. (5) 3.5 The late Abram’s last will and testament
bequeaths his newly acquired immovable property (valued at
R1 400 000) to his sister, Lulu. Calculate the transfer duty
payable on this transaction and on the original sale to Abram.
(2) 3.6 In terms of the Alienation of Land Act 68 of 1981 section
2, in order to be valid, an alienation of land must be in writing,
signed by the parties or their agents acting on their written
authority. Identity three exceptions to this requirement. (3)
Question 2. John Doe, who was married in community of
property to Jane Doe, has died. Answer the following questions:
2.1 In terms of John Doe’s last will and testament, his surviving
spouse Jane Doe inherits the family home. Who must sign the
power of attorney to pass transfer of the immovable property?
Explain and support your answer. (3) 2.2 In terms of John Doe’s
last will and testament, his surviving spouse Jane Doe inherits
the family home. There is not enough cash in the estate to pay
the estate creditors, thus the executor is obliged to sell the
family home by public auction to pay the estate creditors. Who
must sign the power of attorney to pass transfer? (3) 2.3 John
and Jane Doe’s joint last will and testament stipulates that the
joint estate must be merged and dealt with as a massed unit.
They will further provide that their daughter, Josie inherits the
family home, subject to a usufruct in favour of the surviving
Semester 1 2025 - DUE 4 April 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSUARED EXCELLENCE
Question 1. John Masupa and Sophie Masupa is the registered
owner of Erf 111 Alexandra by virtue of Deed of Transfer
9876/2016. Jack sells and intends to transfer portion 1 of Erf
111 Alexandra to Abram against payment of the R1 100 000
purchase price. John has obtained mortgage finance from Absa
to purchase the property. The seller,John, has an existing
mortgage bond over Erf 111 Alexandra in favour of First
National Bank which he cannot afford to completely pay off at
this stage. 3.1 How will John existing First National mortgage
bond be dealt with on registration of transfer of portion 1 Erf
111 Alexandra to Abram? (2) 3.2 Assuming that John is
domiciled in Zimbabwe and that he married his Zimbabwean
wife in Harare on 1 January 2021. Will John be able to sign the
transfer documents and, in particular, the power of attorney to
transfer? Explain. (4) 3.3 The transfer deeds and documents for
John and Abram’s transfer have been lodged at the
Johannesburg deeds registry. Prior to registration, the deeds
controller notices that Abram’s name is incorrectly spelt as
Abraham in the draft deed of transfer only. Explain how this
mistake can be corrected, if at all. (4) 3.4 During the delay with
the above correction, Abram dies on 1 Sept 2022, before the
, land is transferred and registered in his name. Analyse the
impact of the transferee’s death on the sale validity and
performance and explain the process to be followed with
particular reference to section 14 of the Deeds Registries Act 47
of 1937. (5) 3.5 The late Abram’s last will and testament
bequeaths his newly acquired immovable property (valued at
R1 400 000) to his sister, Lulu. Calculate the transfer duty
payable on this transaction and on the original sale to Abram.
(2) 3.6 In terms of the Alienation of Land Act 68 of 1981 section
2, in order to be valid, an alienation of land must be in writing,
signed by the parties or their agents acting on their written
authority. Identity three exceptions to this requirement. (3)
Question 2. John Doe, who was married in community of
property to Jane Doe, has died. Answer the following questions:
2.1 In terms of John Doe’s last will and testament, his surviving
spouse Jane Doe inherits the family home. Who must sign the
power of attorney to pass transfer of the immovable property?
Explain and support your answer. (3) 2.2 In terms of John Doe’s
last will and testament, his surviving spouse Jane Doe inherits
the family home. There is not enough cash in the estate to pay
the estate creditors, thus the executor is obliged to sell the
family home by public auction to pay the estate creditors. Who
must sign the power of attorney to pass transfer? (3) 2.3 John
and Jane Doe’s joint last will and testament stipulates that the
joint estate must be merged and dealt with as a massed unit.
They will further provide that their daughter, Josie inherits the
family home, subject to a usufruct in favour of the surviving
