2 2025 – DUE 18 August 2025; 100% correct solutions and
explanations.
QUESTION 1
Draft the vesting clauses for the transferees listed below, as
required by the Deeds Registries Act 47 of 1937 and the
regulations issued thereunder.
You may use your imagination for any missing details:
(a) A partnership where at least one of the partners is married
in community of property
Vesting Clause:
“In favour of XYZ Partnership, a partnership duly registered and
carrying on business at [insert address], comprising:
John Smith, identity number 760101 5009 08 2, married in
community of property to Mary Smith, and
David Jones, identity number 780202 5070 08 3, unmarried,
as joint owners in their capacity as partners in the said
partnership.”
Explanation:
Where one of the partners is married in community of
property, it must be clearly stated.
Property cannot vest in the partnership itself (as it is not a legal
person), but rather in the individual partners in their
capacities as partners.